VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00160
Package ID: USCOURTS-cofc-1_15-vv-00160
Petitioner: Joel Gomez
Filed: 2015-02-20
Decided: 2016-09-21
Vaccine: HPV
Vaccination date: 2013-08-19
Condition: myocarditis and death
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00160-1
Date issued/filed: 2016-10-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/12/2016) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:15-vv-00160-UNJ Document 47 Filed 10/17/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-160V
Filed: September 21, 2016
Not for Publication
*************************************
ADAN GOMEZ and RAQUEL AYON, *
on behalf of the Estate of JOEL GOMEZ, *
*
Petitioners, * Damages decision based on
* stipulation; human papillomavirus
v. * (“HPV”) vaccine; myocarditis;
* death
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jeffrey T. Roberts, Newport Beach, CA, for petitioners.
Darryl R. Wishard, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 21, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms.
Petitioners filed a petition for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10–34 (2012) (“Vaccine Act”), on February 20,
2015. They allege that their deceased son, Joel Gomez, developed myocarditis and died due to
his receipt of the human papillomavirus (“HPV”) vaccine on August 19, 2013. Respondent
denies that the HPV vaccine caused Joel’s myocarditis, any other injury, or his death.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)
(Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document=s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:15-vv-00160-UNJ Document 47 Filed 10/17/16 Page 2 of 7
Nonetheless, the parties agree to resolve this matter informally. The undersigned finds
the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached,
and awards compensation in the amount and on the terms set forth in the stipulation.
Pursuant to the stipulation, the court awards a lump sum of $200,000.00, representing
compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The
award shall be in the form of a check for $200,000.00 made payable to petitioners as the legal
representatives of the Estate of Joel Gomez.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: September 21, 2016 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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