John Bernhardt v. HHS - Hepatitis B, insulin dependant diabetes mellitus (2005)

John Bernhardt filed a claim on October 2, 2000, on behalf of his minor son, Nicholas Bernhardt, alleging that childhood vaccines, including a hepatitis B vaccination on October 3, 1997, caused Nicholas's insulin-dependent diabetes mellitus. A dispute arose regarding John Bernhardt's standing to sue as a non-custodial parent.

While this issue was pending, John Bernhardt filed a motion for voluntary dismissal without prejudice on November 7, 2003. The special master interpreted this as a final dismissal, divesting the court of jurisdiction.

The court, however, vacated the special master's order, granted the motion to withdraw the voluntary dismissal, and remanded the case. The court found that John Bernhardt had standing under Maryland law to sue on his son's behalf, as the custodial parent was aware of the claim and declined to participate.

The court also asserted its jurisdiction to review procedural orders, not just final decisions on entitlement. The case was ultimately dismissed, but the court's order allowed the petition to be reinstated and considered by the special master, effectively reversing the prior dismissal and allowing the standing issue to be resolved on the merits.