Gordly v. Secretary of Health and Human Services
14-945
| Fed. Cl. | Oct 11, 2016Background
- Petitioner Tyrone Gordly received an influenza vaccine on October 24, 2011 and was hospitalized October 26, 2011 for hypoxemia; diagnosed with right‑sided bacterial pneumonia and diastolic congestive heart failure exacerbation.
- Medical records show onset of respiratory symptoms (wheezing, cough, shortness of breath, low-grade fever) beginning 2–7 days before the October 24 vaccination.
- Petitioner had extensive preexisting conditions (coronary artery disease with prior CABG, diabetes, hypertension, CKD stage 2, obesity, recent prostate cancer treatment) that increased pneumonia risk and slowed recovery.
- Petitioner initially asserted vaccine causation and later amended to a significant‑aggravation theory; petitioner died on January 1, 2016 and the estate continued the claim.
- Treating physicians (Dr. Tonder and later Dr. Riquelme initially) and respondent’s expert (Dr. Fife) generally opined the vaccine did not cause the illness; Dr. Riquelme’s later opinion that the vaccine significantly aggravated the illness was found unpersuasive.
- Petitioner’s counsel moved to dismiss after discussing case strategy with the widow; the Special Master granted the motion and dismissed the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the flu vaccine be shown to have caused or significantly aggravated petitioner’s pneumonia and heart failure? | Vaccine significantly aggravated preexisting pneumonia/heart failure; vaccine information sheet warns against vaccinating ill people. | Illness onset preceded vaccination; bacterial pneumonia and multiple comorbidities explain hospitalization and slow recovery; no literature supports vaccine‑exacerbation of pneumonia. | Held for respondent: petitioner failed to prove causation/significant aggravation; later expert opinion for petitioner was not credible. |
| Temporal relationship: was onset after vaccination? | Argued aggravation occurred after vaccine. | Medical records show symptoms began days before vaccination. | Held: evidence shows symptoms predated vaccination, undermining causation. |
| Adequacy of medical opinion evidence to meet Althen standard? | Offered physician declarations asserting aggravation. | Respondent’s expert and treating physician opined against causation; petitioner’s later expert opinion was conclusory. | Held: petitioner did not meet Althen requirements; medical opinions supporting causation were insufficient. |
| Burden under Vaccine Act to proceed absent supporting records/opinions? | N/A (argued claim based on medical theory/opinions). | Vaccine Act requires proof beyond unsubstantiated assertions; records and credible medical opinion required. | Held: dismissal appropriate where claim unsupported by records and credible expert opinion. |
Key Cases Cited
- Shalala v. Whitecotton, 514 U.S. 268 (claimant with symptoms before vaccination cannot establish onset after vaccination)
- Althen v. Sec’y of HHS, 418 F.3d 1274 (Fed. Cir.) (three‑part test for causation: medical theory, logical sequence, proximate temporal relationship)
- Grant v. Sec’y of HHS, 956 F.2d 1144 (Fed. Cir.) (absence of other causes does not substitute for affirmative proof of causation)
- Shyface v. Sec’y of HHS, 165 F.3d 1344 (Fed. Cir.) (vaccine must be a substantial factor in causing significant aggravation)