VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01558 Package ID: USCOURTS-cofc-1_19-vv-01558 Petitioner: O.S. Filed: 2019-10-07 Decided: 2020-08-07 Vaccine: Pediatrix/Pediarix, pneumococcal, rotavirus Vaccination date: 2017-10-23 Condition: Sudden Infant Death Syndrome (SIDS) Outcome: dismissed Award amount USD: AI-assisted case summary: 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. Theory of causation field: Petitioners Jeanee Stokes and Casey Stokes, pro se, alleged that Pediatrix, pneumococcal, and rotavirus vaccines administered on October 23, 2017, caused the death of their child, O.S., on October 25, 2017. The cause of death was confirmed as sudden unexpected death in infancy/Sudden Infant Death Syndrome (SIDS) in the filed death certificate and autopsy results. The public decision does not provide specific details on how O.S. was found, detailed autopsy findings, or the child's age at vaccination. Special Master Daniel T. Horner advised petitioners that prior SIDS vaccine claims had failed under the binding precedent of Boatmon v. Secretary of Health and Human Services, which rejected the triple-risk model for vaccine causation of SIDS. He explained that petitioners needed to present a distinct, persuasive general causation theory and a qualified expert. Respondent's Rule 4(c) report on March 20, 2020, recommended against compensation, echoing the need for a different theory and expert. Petitioners failed to respond to multiple orders, including a scheduling order and an order to show cause, and did not file an expert opinion. The petition was dismissed on August 7, 2020, by Special Master Horner for failure to prosecute and insufficient proof, as no Table injury was alleged or shown, the medical records did not preponderantly evidence vaccine causation, and allegations alone are insufficient. Respondent attorney was Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01558-0 Date issued/filed: 2020-09-02 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 08/07/2020) regarding 18 DECISION of Special Master Signed by Special Master Daniel T. Horner. (sw) Service on parties made; petitioner served via U.S. mail. (dls) -------------------------------------------------------------------------------- Case 1:19-vv-01558-UNJ Document 19 Filed 09/02/20 Page 1 of 3 REISSUED FOR PUBLICATION SEP 02 2020 OSM U.S. COURT OF FEDERAL CLAIMS In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1558V Filed: August 7, 2020 UNPUBLISHED JEANEE STOKES and CASEY Special Master Horner STOKES, parent and legal representatives of the Estate of O.S., deceased,, Decision Dismissing Petition; Sudden Infant Death Syndrome Petitioner, (SIDS); Boatmon Decision; v. Failure to Prosecute; Failure to Comply with Orders SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeanne Stokes and Casey Stokes, pro se, Hixson, TN. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION1 On October 7, 2019, petitioners filed a petition on behalf of their child, O.S., under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that the Pediatrix, pneumococcal, and rotavirus vaccinations administered on October 23, 2017, caused the death of their child on October 25, 2017. (ECF No. 1.) 2 I. Procedural History Pursuant to the Initial Order filed on October 22, 2019, petitioners filed medical records to support their claim, including maternal prenatal and delivery records, newborn hospital records, proof of vaccination, VAERS report, death certificate, and 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 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), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 2 “ECF No.” refers to the location of each document on the court’s electronic docket for this case. Case 1:19-vv-01558-UNJ Document 19 Filed 09/02/20 Page 2 of 3 autopsy results. (ECF No. 11.) Upon my review, the records confirmed that O.S.’s cause of death is sudden unexpected death in infancy or Sudden Infant Death Syndrome (“SIDS”). (ECF No. 11, pp. 8, 13.) On December 19, 2019, I issued an order explaining to petitioners that prior cases that have alleged that SIDS was vaccine-related have failed to prove causation and have been dismissed. For their reference, I attached a copy of the Federal Circuit’s decision Boatmon v. Secretary of Health & Human Services, 941 F.3d 1351 (Fed. Cir. 2019), a case dismissing a case involving similar SIDS allegations. (ECF No. 12.) In Boatmon, the Federal Circuit rejected an expert medical opinion seeking to link vaccinations to SIDS via a leading theory of SIDS (the triple risk model). Because Federal Circuit decisions are binding as to legal conclusions, I explained that in order to proceed with this case, petitioners would need to present a persuasive theory of general causation distinct from what was presented in Boatmon. (Id. at 2.) On March 20, 2020, respondent filed his Rule 4(c) report, recommending against compensation. (ECF No. 14.) Respondent similarly explained that “to prevail in this case, petitioners must establish both the vaccine-related injury from which O.S. suffered that led to his death, as well as provide an expert opinion setting forth a theory different than that set forth in Boatmon and other cases in recent years in the Vaccine Program.” (Id. at 4.) Subsequently, in my Scheduling Order of March 23, 2020, I again explained to petitioners that pursuit of this claim will likely require significant time and resources in light of the prior Boatmon case, which was extensively litigated and finally resolved on appeal before the Federal Circuit. (ECF No. 15.) I gave petitioners an opportunity to consider whether they wished to continue pursuing their claim; however, I stressed that “if petitioners intend to continue with their case, it is now time for petitioners to act.” (Id. at 1.) I explained that the next step will be for them to hire a qualified medical expert to offer an opinion that O.S.’s death was vaccine-caused. (ECF No. 15, pp. 1-2.) I ordered petitioners to file a status report by no later than April 24, 2020, indicating how petitioners intend to proceed. However, no status report was filed by petitioners. Because no response was received, on May 18, 2020, I issued an Order to Show Cause. (ECF No. 16.) I explained to petitioners that they had failed to respond to my prior order of March 23, 2020, and that this places their case in jeopardy of involuntary dismissal. (Id. at 1.) I explained to petitioners that they did not need to file an expert opinion at this time but did need to file a status report by no later than July 20, 2020, confirming that they intend to proceed. I warned that “if petitioners do not respond to this order, this case will be dismissed.” (Id. at 2.) I directed that the clerk mail a copy of the order to petitioner with return receipt. (Id.) A U.S. Priority Mail tracking number is recorded on the docket. (ECF No. 16.) It confirms that the Order to Show Cause was delivered on May 26, 2020, at 2:44PM. However, as of this date, no response has been filed. 2 Case 1:19-vv-01558-UNJ Document 19 Filed 09/02/20 Page 3 of 3 II. Discussion To receive compensation in the Vaccine Program, a petitioner must prove either (1) that the vaccinee suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to a covered vaccine, or (2) that the vaccinee suffered an injury that was actually caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). To satisfy the burden of proving causation in fact, a petitioner must show by preponderant evidence: “(1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a showing of a proximate temporal relationship between vaccination and injury.” Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274, 1278 (Fed. Cir. 2005). The Vaccine Act, 42 U.S.C. § 300aa-13(a)(1), prohibits the undersigned from ruling for a petitioner based solely on his or her allegations unsubstantiated by medical records or medical opinion. No “Table Injury” was alleged in this case. Nor did an examination of the record uncover any evidence that O.S. suffered a “Table Injury.” Further, the medical records do not contain preponderant evidence indicating that O.S.’s death was vaccine-caused or in any way vaccine- related. Nor have petitioners filed any expert medical opinion to support their allegations. Additionally, under Vaccine Rule 21(b), the special master may dismiss a petition for failure of the petitioner to prosecute or comply with any order of the special master. In this case, petitioners were given multiple opportunities to address the issues raised in my previous orders. However, petitioners failed to comply with my orders and have not completed any filings since filing medical records on November 27, 2019. Accordingly, although petitioners have my deepest sympathies for the loss of their child, I DISMISS this petition for failure to prosecute and for insufficient proof. III. Conclusion This case is now DISMISSED. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 3