Frances Chambers Gambo v. HHS - Influenza, Guillain-Barrè syndrome (GBS) or another demyelinating condition (2015)
Case summary [AI summaries can sometimes make mistakes]
Americo E. Gambo, as personal representative of the estate of Frances Chambers Gambo, filed a petition on September 17, 2013, alleging that an influenza (flu) vaccination Frances Gambo received in October 2010 caused her to develop Guillain-Barré syndrome (GBS) or another demyelinating condition, and that GBS was a substantial factor in the cause of her death on December 4, 2011.
Although petitioner was unable to locate documentary proof of vaccination, Special Master Corcoran found in a ruling dated December 18, 2014 that adequate proof of vaccination had been established through circumstantial evidence. Respondent denied that the flu vaccine caused Ms.
Gambo's GBS or contributed to her death. Nonetheless, both parties agreed to a joint stipulation filed March 12, 2015 to settle the case.
Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $175,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), payable to the personal representative of the estate.
Theory of causation
Flu Oct 2010 → GBS (or demyelinating condition); GBS substantial factor in death Dec 4, 2011. Vaccination established through circumstantial evidence (ruling Dec 18, 2014). Joint stipulation Mar 12, 2015; SM Corcoran. Comp $175,000 to estate. Fees $30,281.77 (Strait, Maglio Christopher and Toale PA, Washington DC).