Christopher Seter v. HHS - COVID-19, various injuries (2024)
Case summary [AI summaries can sometimes make mistakes]
On May 28, 2024, Christopher Seter filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging various injuries resulting from receiving COVID-19 vaccines on April 2, 2021, April 22, 2021, and December 17, 2021. The petition was filed by Christopher Seter, pro se.
The respondent was the Secretary of Health and Human Services, represented by Heather L. Pearlman of the U.S.
Department of Justice. Chief Special Master Brian H.
Corcoran issued a decision on July 10, 2024, which was reissued for public availability on August 14, 2024. The decision dismissed the petition because the COVID-19 vaccine is not currently listed on the Vaccine Injury Table.
To be eligible for compensation under the Vaccine Act, a petitioner must demonstrate that they received a vaccine listed on the Table. The public decision notes that vaccines are added to the Table after specific steps involving the Department of Health and Human Services and Congress, including the enactment of an excise tax on the vaccine.
Since the COVID-19 vaccine is not on the Table, the petition could not meet this threshold requirement for compensation. The decision cited Danberry v.
Sec’y of Health & Hum. Servs. as an example of a dismissal for claims involving vaccines not on the Table.
The petition was dismissed, and the Clerk of the Court was ordered to enter judgment accordingly, unless a motion for review was filed.
Source PDFs
USCOURTS-cofc-1_24-vv-00832