Kim Boldrini-Senn v. HHS - Pneumococcal, expressive developmental delay (2020)

On April 2, 2019, Kim Boldrini-Senn filed a petition under the National Vaccine Injury Compensation Program on behalf of her son, O.S.S., a minor. Petitioner alleged that the second dose of the pneumococcal conjugate vaccine administered on April 1, 2016, caused O.S.S. to suffer from lack of muscle control resulting in delayed speech and expressive developmental delay.

Petitioner was initially represented by counsel but later proceeded pro se. Chief Special Master Brian H.

Corcoran reviewed the petition and associated medical records. He noted that the claim appeared substantively similar to numerous claims alleging vaccine-caused autism spectrum disorder or similar developmental injuries that had been rejected in prior Vaccine Program decisions, beginning with the Omnibus Autism Proceeding.

He also found no record evidence of an encephalopathic reaction to the vaccine that could support a developmental injury theory. Petitioner was given opportunities to provide additional medical records or support for her claim.

Her counsel acknowledged the claim's deficiencies and later withdrew. Petitioner then requested a ruling on the record.

Respondent, the Secretary of Health and Human Services, opposed the motion and cross-moved for dismissal. Petitioner argued that O.S.S. experienced a reaction to the vaccine, including fever and gastrointestinal symptoms, followed by neurological issues and a loss of expressive skills, which she attributed to a "delayed-type hypersensitivity" reaction or the "ASIA syndrome" due to the vaccine's aluminum adjuvant.

Respondent argued that the record did not support these allegations, noting that concerns about O.S.S.'s communication skills arose six months after vaccination and that Petitioner offered no expert support for her theory. Chief Special Master Corcoran dismissed the petition on February 21, 2020.

He found that the record did not establish the requirements for a "Table Injury" of encephalopathy, as there was no evidence of an acute or chronic encephalopathy following the vaccination. He also found that the record did not support a non-Table, causation-in-fact claim that the pneumococcal vaccine caused expressive communication delay.

The first concerns about developmental delay were noted six months after vaccination, with no intervening records to suggest an immediate onset. He also rejected the proposed causal theories involving the aluminum adjuvant and ASIA syndrome, noting they had been previously rejected in other cases.

The Special Master concluded that the claim lacked reasonable basis and sufficient proof, distinguishing it from the numerous unsuccessful autism claims litigated in the Program. No compensation was awarded.