Robert Kern v. HHS - Influenza, Guillain-Barré syndrome (2020)

Robert Kern filed a petition on February 1, 2016, alleging that the influenza vaccine he received on November 12, 2014, caused him to develop Guillain-Barré syndrome (GBS). The case progressed, and a status conference was held on August 10, 2020.

At that conference, Petitioner's counsel indicated that Mr. Kern had passed away from causes unrelated to his alleged vaccine injury and that the estate did not wish to pursue the claim.

Subsequently, on September 11, 2020, Petitioner's counsel filed a motion to dismiss the case. The Chief Special Master granted the motion, dismissing the petition with prejudice.

The decision noted that there was insufficient evidence in the record for Petitioner to establish entitlement to a damages award and insufficient scientific proof to support the causation theory. The dismissal was based on the estate's decision not to proceed and the lack of evidence to support the claim.