O.S. v. HHS - Pneumococcal, Sudden Infant Death Syndrome (SIDS) (2020)

On October 7, 2019, Jeanee Stokes and Casey Stokes, pro se, filed a petition under the National Childhood Vaccine Injury Act on behalf of their deceased child, O.S. They alleged that vaccinations administered on October 23, 2017, specifically Pediatrix, pneumococcal, and rotavirus vaccines, caused O.S.'s death on October 25, 2017.

The petitioners submitted medical records, including maternal prenatal and delivery records, newborn hospital records, proof of vaccination, a VAERS report, the death certificate, and autopsy results. Special Master Daniel T.

Horner reviewed these records and confirmed that O.S.'s cause of death was sudden unexpected death in infancy, also known as Sudden Infant Death Syndrome (SIDS). The public decision does not describe the specific circumstances of O.S.'s death, detailed autopsy findings, or any treating physician's narrative beyond the confirmed SIDS diagnosis.

On December 19, 2019, Special Master Horner informed the pro se petitioners that previous claims alleging vaccine-related SIDS had failed to prove causation and were dismissed. He provided the Federal Circuit's decision in Boatmon v.

Secretary of Health and Human Services, which rejected an expert theory linking vaccinations to SIDS through the triple-risk model. Special Master Horner explained that because the Boatmon decision was binding on legal conclusions, the petitioners would need to present a persuasive general causation theory distinct from the one rejected in Boatmon to proceed.

Respondent filed a Rule 4(c) report on March 20, 2020, recommending against compensation. Respondent echoed the Special Master's guidance, stating that petitioners must establish a vaccine-related injury leading to death and provide an expert opinion with a theory different from Boatmon and other recent SIDS cases in the Vaccine Program.

On March 23, 2020, Special Master Horner issued a scheduling order, reiterating the significant resources likely required for this claim due to the Boatmon precedent. He gave the petitioners an opportunity to decide whether to continue, emphasizing that it was time for them to act and that the next step would involve hiring a qualified medical expert to opine on vaccine causation.

Petitioners were ordered to file a status report by April 24, 2020, indicating their intent to proceed. No status report was filed by the petitioners.

Consequently, on May 18, 2020, Special Master Horner issued an Order to Show Cause, noting the failure to respond to the previous order and warning that the case was in jeopardy of involuntary dismissal. He clarified that an expert opinion was not required at that time but a status report confirming their intent to proceed was necessary by July 20, 2020, stating that failure to respond would result in dismissal.

The order was delivered to the petitioner via U.S. Priority Mail on May 26, 2020, but no response was filed.

On August 7, 2020, Special Master Horner dismissed the petition for failure to prosecute and for insufficient proof. He found that no "Table Injury" was alleged or shown, the medical records did not contain preponderant evidence that O.S.'s death was vaccine-caused or vaccine-related, and the petitioners had not filed any expert medical opinion to support causation.

No compensation was awarded. Respondent was represented by Traci R.

Patton of the Department of Justice.