VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00557
Package ID: USCOURTS-cofc-1_13-vv-00557
Petitioner: Gabriela Gomez
Filed: 2013-08-08
Decided: 2015-06-03
Vaccine: influenza
Vaccination date: 2012-08-10
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00557-0
Date issued/filed: 2014-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/29/2014) regarding 32 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00557-UNJ Document 35 Filed 09/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
GABRIELA GOMEZ, *
* No. 13-557V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 29, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Guillain-Barré Syndrome
* (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jack D. Hull, II, Goldsmith & Hull, PC, Northridge, CA, for Petitioner;
Claudia Gangi, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On July 24, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Gabriela Gomez on August 8, 2013. In her petition, Ms.
Gomez alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received
on August 10, 2012, caused her alleged Guillain-Barré Syndrome (“GBS”).
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition.
Respondent denies that the flu vaccine caused petitioner’s alleged GBS, any
other injury, or her current disabilities.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00557-UNJ Document 35 Filed 09/02/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $85,000.00 in the form of a check payable to petitioner,
Gabriela Gomez. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-557V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1133--vvvv--0000555577--UUNNJJ DDooccuummeenntt 3315 FFiilleedd 0079//2042//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000555577--UUNNJJ DDooccuummeenntt 3315 FFiilleedd 0079//2042//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000555577--UUNNJJ DDooccuummeenntt 3315 FFiilleedd 0079//2042//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000555577--UUNNJJ DDooccuummeenntt 3315 FFiilleedd 0079//2042//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000555577--UUNNJJ DDooccuummeenntt 3315 FFiilleedd 0079//2042//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00557-1
Date issued/filed: 2015-06-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/5/2014) regarding 39 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00557-UNJ Document 41 Filed 06/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
GABRIELA GOMEZ, *
* No. 13-557V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 5, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jack D. Hull, II, Goldsmith & Hull, PC, Northridge, CA, for Petitioner;
Claudia Gangi, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On October 27, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application to respondent for review requesting
$4,165.29 for attorneys’ fees and costs. Respondent found petitioner’s application
to be reasonable. The Court awards this amount.
On August 8, 2013, Gabriela Gomez filed a petition for compensation
alleging that the influenza vaccine, which she received on August 10, 2012, caused
her to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation
based upon the parties’ stipulation. Decision, filed July 29, 2014. Because
petitioner received compensation, she is entitled to an award of attorneys’ fees and
costs. 42 U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00557-UNJ Document 41 Filed 06/03/15 Page 2 of 2
Petitioner seeks a total of $4,165.29 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $4,165.29 in the form of a check made payable to
petitioner and petitioner’s attorney, Jack D. Hull, for attorneys’ fees
and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2