Christy Lynn Day v. HHS - Hepatitis B, death (2018)

Filed 2017-05-26Decided 2018-06-08Vaccine Hepatitis B
dismisseddeath

Case summary [AI summaries can sometimes make mistakes]

On May 26, 2017, Christy Lynn Day, as the mother and representative of the Estate of R.E., filed a petition alleging that the Hepatitis B, Rotavirus, Diphtheria-Tetanus-acellular-Pertussis (DTaP), Pneumococcal, and Polio vaccines R.E. received on May 20, 2015, caused his death. The petition was initially assigned to Special Master Brian Corcoran and later transferred to Special Master Herbrina Sanders.

Petitioner proceeded pro se throughout the proceedings. Special Master Sanders repeatedly encouraged Petitioner to obtain legal counsel.

Despite multiple status conferences and extensions granted by the court, Petitioner failed to secure representation or submit required documentation, including an expert report. The court issued an Order to Show Cause due to Petitioner's failure to prosecute.

Ultimately, the case was dismissed for failure to prosecute because Petitioner did not provide evidence demonstrating that R.E.'s death was caused by a vaccine or that he suffered a Table Injury. No award was granted.

The public decision does not describe the onset of symptoms, specific clinical details of R.E.'s death, or any medical tests or treatments. Petitioner counsel and respondent counsel are not named in the public decision, other than Ryan D.

Pyles for the Respondent. The Special Master is identified as Herbrina Sanders.

Theory of causation

Petitioner Christy Lynn Day alleged that the Hepatitis B, Rotavirus, DTaP, Pneumococcal, and Polio vaccines administered on May 20, 2015, caused the death of R.E. The case was dismissed for failure to prosecute. Special Master Herbrina Sanders found that Petitioner failed to submit an expert report or any additional evidence to demonstrate by preponderant evidence that R.E.'s death was caused by a vaccine. The public decision does not describe a specific theory of causation, mechanism of injury, or any named experts. Petitioner was pro se and failed to meet court-ordered deadlines for obtaining counsel and submitting required documentation, leading to the dismissal. No award was granted.

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