Charles Bakeman v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2020)

Charles Bakeman filed a petition alleging he received a Novartis H1N1 influenza vaccine on February 2, 2010, and subsequently developed Guillain-Barré syndrome (GBS). The respondent moved to dismiss the petition, arguing that the H1N1 monovalent vaccine is not a covered vaccine under the National Vaccine Injury Compensation Program.

The court reviewed the evidence, which included the petitioner's own filings and hospital records, confirming that the vaccine received was indeed the H1N1 vaccine. The Vaccine Injury Table, at the time of the vaccination, only covered seasonal influenza vaccines, not the H1N1 monovalent vaccine.

The petitioner argued for dismissal denial based on insufficient notice in the Vaccine Injury Table, but the court found no discretion to allow the claim to proceed as the vaccine was not covered. Consequently, the court granted the respondent's motion to dismiss, finding that the petitioner failed to demonstrate injury from a covered vaccine.