Tyrone Gordly v. HHS - Influenza, significant aggravation of pneumonia; death from congestive heart failure (2016)

Tyrone Gordly, a 73-year-old man, received an influenza vaccine on October 24, 2011. He filed a petition alleging the vaccine caused latent effects and a cardiac event, later amended to allege significant aggravation of his conditions.

His widow became the petitioner after Mr. Gordly died on January 1, 2016, from acute congestive heart failure exacerbation and acute gastrointestinal bleed.

The case was ultimately dismissed upon the petitioner's counsel's motion, with permission from the widow, to proceed no further. The medical records indicated that Mr.

Gordly had a history of numerous chronic conditions, including heart disease, diabetes, and hypertension. His symptoms of wheezing, difficulty breathing, and fever began before the vaccination, with onset reported between October 19 and October 22, 2011, at least two days prior to receiving the flu shot.

Medical experts, including his personal care physician Dr. Kathryn Tonder and Dr.

Jean M. Riquelme (in her initial assessment), concluded that the flu vaccine did not cause or significantly aggravate his pneumonia or heart failure, citing his pre-existing conditions and the timing of symptom onset.

While Dr. Riquelme later opined that the vaccine significantly aggravated his pneumonia, the court found this opinion to be threadbare and not credible, especially in light of expert Dr.

Kenneth Fife's report which stated the vaccine played no causative role. The court granted the motion to dismiss, finding that the petitioner failed to prove causation in fact, particularly the requirement that symptoms must begin after vaccination for a prima facie case of aggravation.