Todd Boylan v. HHS - Hepatitis B, complex-partial seizure disorder and mental developmental delay (2021)

On March 21, 2017, Todd Boylan, as parent and next friend of his minor child L.K.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that L.K.B. suffered complex-partial seizure disorder and mental developmental delay as a result of a Hepatitis B vaccination administered on March 26, 2014.

Petitioner was represented by Todd Boylan, pro se, and the respondent was the Secretary of Health and Human Services, represented by Colleen C. Hartley.

Special Master Herbrina Sanders presided over the case. The case experienced significant delays, with multiple extensions granted for the petitioner to file an expert report.

After missing several deadlines and failing to communicate with the court, an order to show cause was issued on May 26, 2021. The petitioner was ordered to show cause why the case should not be dismissed for failure to prosecute by filing an expert report by June 25, 2021, with the explicit warning that failure to do so would result in dismissal.

The petitioner missed this final deadline and had not communicated further with the court. The Special Master noted that the petitioner had been given ample opportunity and warnings regarding compliance with court orders, accumulating 709 days to submit an expert report, including 287 days since the order was renewed and warnings were issued.

The petitioner also had 58 days to respond to the show cause order and had not communicated with chambers in 163 days. Finding that the petitioner's continued failure to submit an expert report, respond to court orders, and communicate indicated a disinterest in pursuing the claim, Special Master Sanders dismissed the case for failure to prosecute.

The Clerk was directed to enter judgment accordingly. The public decision was reissued for publication on September 2, 2021.