Kaylee Anne Boone v. HHS - DTaP, death allegedly following PCV13, hepatitis B, IPV, DTaP, Hib, and rotavirus vaccines (2019)
Case summary [AI summaries can sometimes make mistakes]
On January 13, 2017, Kristy Boone, as mother and next friend of Kaylee Anne Boone, filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that on January 9, 2015, Kaylee Anne Boone received the PCV13, hepatitis B (HBV), inactivated poliovirus (IPV), diphtheria-tetanus-acellular pertussis (DTaP), Haemophilus influenzae type b (Hib), and rotavirus vaccines.
Petitioner further alleged that Kaylee suffered a reaction that led to her death, which was caused-in-fact by these vaccinations. The petition proceeded as a "caused-in-fact" claim, not a Table injury.
The public decision does not state Kaylee's date of birth, exact age, date of death, pre-vaccination health status, specific symptoms following vaccination, details of any emergency response or hospitalization, autopsy findings, or the substance of the expert pathologist's review. It also does not identify a specific biological mechanism or the respondent's medical defense.
On November 12, 2019, Petitioner filed a motion to voluntarily dismiss the case pursuant to Vaccine Rule 21(a). Petitioner stated that after further review, her expert pathologist would be unlikely to definitively state that Kaylee's death was more likely than not caused by the vaccine.
Petitioner also stated that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the Vaccine Program. The respondent did not object to the motion.
On November 13, 2019, Special Master Herbrina D. Sanders dismissed the petition.
No compensation was awarded.
Theory of causation
Petitioner alleged that PCV13, hepatitis B, IPV, DTaP, Hib, and rotavirus vaccines administered on January 9, 2015, caused the death of Kaylee Anne Boone. The case was dismissed by voluntary motion under Vaccine Rule 21(a) without an award. The public decision does not provide details on the petitioner's date of birth, exact age, date of death, pre-vaccination health, post-vaccination symptoms, emergency or hospital course, autopsy findings, the specific biological mechanism of injury, or the respondent's medical defense. Petitioner stated that her expert pathologist would be unlikely to definitively conclude that the death was more likely than not vaccine-caused, and that continuing the litigation would be unreasonable and wasteful of resources. Respondent did not object. Special Master Herbrina D. Sanders dismissed the case on November 13, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-00054