VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00054
Package ID: USCOURTS-cofc-1_17-vv-00054
Petitioner: Kaylee Anne Boone
Filed: 2017-01-13
Decided: 2019-11-13
Vaccine: PCV13; hepatitis B; IPV; DTaP; Hib; rotavirus
Vaccination date: 2015-01-09
Condition: death allegedly following PCV13, hepatitis B, IPV, DTaP, Hib, and rotavirus vaccines
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00054-0
Date issued/filed: 2020-01-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/13/2019) regarding 65 DECISION of Special Master Signed by Special Master Herbrina Sanders. (sg) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00054-UNJ Document 69 Filed 01/10/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 13, 2019
* * * * * * * * * * * * * * * * * * * * * * * * *
KRISTY BOONE, Mother and next friend * No. 17-54V
of KAYLEE ANNE BOONE, *
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
DISMISSAL1
On January 13, 2017, Kristy Boone (“Petitioner”), on behalf of Kaylee Anne Boone, filed a petition
for compensation under the National Vaccine Injury Compensation Program2 (“Vaccine Program” or
“Program”). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that her daughter “received the PCV
13, HBV, IPV, DTap, HIB, and Rotavirus vaccines on January 9, 2015, and thereafter suffered a reaction
which led to [her] death, which was ‘caused-in-fact’ by the . . . vaccinations.” Pet. at 1, ECF No. 1.
On November 12, 2019, Petitioner filed an a Motion to Voluntarily Dismiss pursuant to Rule 21(a).
ECF No. 64. In her motion, Petitioner conceded that “after further review, our expert pathologist would
be unlikely to definitively state that Petitioner’s [daughter’s] death was more likely than not caused by the
vaccine.” Id. at 1. She continued, “to proceed further would be unreasonable and would waste the
resources of the [c]ourt, the Respondent, and the Vaccine Program.” Id. Respondent had no objection to
Petitioner’s motion. Inf. Comm., docketed Nov. 13, 2019.
1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with
the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the Internet. In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a
motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the
identified material fits within the requirements of that provision, such material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act”
or “Act”). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2012).

Case 1:17-vv-00054-UNJ Document 69 Filed 01/10/20 Page 2 of 2
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court
SHALL ENTER JUDGMENT in accordance with this order dismissing Petitioner’s claim.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2