Gabriela Gomez v. HHS - Influenza, Guillain-Barré Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Gabriela Gomez filed a petition on August 8, 2013, alleging that an influenza vaccine she received on August 10, 2012, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused Ms.
Gomez's alleged GBS, any other injury, or her current disabilities. The parties subsequently entered into a joint stipulation, filed on July 24, 2014, to resolve the case.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Under the terms of the stipulation, Ms. Gomez was awarded a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner was represented by Jack D. Hull, II, of Goldsmith & Hull, PC.
Respondent was represented by Claudia Gangi of the United States Department of Justice. Later, on October 27, 2014, the parties filed a stipulation concerning attorneys' fees and costs.
Petitioner had requested $4,165.29 for attorneys' fees and costs, and stated that she incurred no out-of-pocket litigation expenses. The respondent found this request reasonable and had no objection.
Special Master Christian J. Moran awarded this amount, payable as a lump sum of $4,165.29 via check made payable to both petitioner Gabriela Gomez and her attorney, Jack D.
Hull, for attorneys' fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Gabriela Gomez alleged that an influenza vaccine administered on August 10, 2012, caused her Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties resolved the matter via joint stipulation filed July 24, 2014, which Special Master Christian J. Moran adopted as the Court's decision. The stipulation did not detail the specific medical evidence or expert testimony presented. Petitioner was awarded $85,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $4,165.29 were awarded on November 5, 2014, via a separate stipulation, payable to petitioner and her counsel, Jack D. Hull, II of Goldsmith & Hull, PC. The public decision does not describe the specific mechanism of causation or any expert witnesses.
Source PDFs
USCOURTS-cofc-1_13-vv-00557