Bruce Goldsmith v. HHS - Influenza, significant aggravation of transverse myelitis (2015)

Bruce A. Goldsmith filed a petition on August 23, 2013, alleging that a trivalent influenza vaccine administered on October 20, 2010, caused a significant aggravation of his pre-existing transverse myelitis.

He claimed this resulted in increased pain, gait deterioration, diminished balance, and other neurological sequelae, and that these effects persisted for more than six months. The respondent denied that the flu vaccination caused or significantly aggravated Mr.

Goldsmith's condition. On February 26, 2015, the parties filed a joint stipulation agreeing to a settlement.

Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $120,000.00 to Mr.

Goldsmith, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Elizabeth Martin Muldowney of Rawls, McNelis and Mitchell, PC, and respondent was represented by Debra A.

Filteau Begley of the United States Department of Justice. Subsequently, on July 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

Special Master Dorsey approved a total award of $28,000.00 for attorneys' fees and costs, to be paid jointly to petitioner and his attorney, Elizabeth M. Muldowney.

Additionally, $500.00 in reimbursable costs, advanced by the petitioner, was to be paid directly to the petitioner. The decision notes that the public text does not describe the specific onset of symptoms, diagnostic tests, or treatments related to the alleged aggravation of transverse myelitis.