Joel Gomez v. HHS - HPV, myocarditis and death (2016)
Case summary [AI summaries can sometimes make mistakes]
Adan Gomez and Raquel Ayon, on behalf of the Estate of Joel Gomez, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2015. They alleged that their son, Joel Gomez, developed myocarditis and died as a result of receiving the human papillomavirus (HPV) vaccine on August 19, 2013.
The respondent, the Secretary of Health and Human Services, denied that the HPV vaccine caused Joel's myocarditis, any other injury, or his death. Despite the respondent's denial, the parties reached a stipulation to settle the case.
Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.
The court adopted the stipulation and awarded compensation. Pursuant to the stipulation, the court awarded a lump sum of $200,000.00, representing compensation for all damages available under the Vaccine Act.
The award was to be paid as a check made payable to Adan Gomez and Raquel Ayon as the legal representatives of the Estate of Joel Gomez. The decision was issued on September 21, 2016.
Petitioner counsel was Jeffrey T. Roberts, and respondent counsel was Darryl R.
Wishard. The public decision does not describe the onset of symptoms, specific clinical details of Joel Gomez's condition, diagnostic tests performed, or treatments received.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioners alleged that Joel Gomez developed myocarditis and died due to receipt of the human papillomavirus (HPV) vaccine on August 19, 2013. Respondent denied causation. The parties reached a stipulation to settle the case, and the Special Master adopted the stipulation, awarding $200,000.00. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The case was resolved via stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-00160