VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00603
Package ID: USCOURTS-cofc-1_13-vv-00603
Petitioner: Bruce Goldsmith
Filed: 2013-08-23
Decided: 2015-07-23
Vaccine: influenza
Vaccination date: 2010-10-20
Condition: significant aggravation of transverse myelitis
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Bruce A. Goldsmith alleged that a trivalent influenza vaccine administered on October 20, 2010, caused a significant aggravation of his pre-existing transverse myelitis, leading to increased pain, gait deterioration, diminished balance, and other neurological sequelae. Respondent denied causation. The parties reached a joint stipulation on February 26, 2015, which Special Master Nora Beth Dorsey adopted as the decision of the Court. The stipulation resulted in an award of $120,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation on July 2, 2015, approved by Special Master Dorsey, awarded $28,000.00 in attorneys' fees and costs jointly to petitioner and his counsel, Elizabeth M. Muldowney (Rawls, McNelis and Mitchell, PC), and $500.00 in costs to the petitioner. Petitioner's counsel was Elizabeth Martin Muldowney, and respondent's counsel was Debra A. Filteau Begley. The public text does not detail the specific medical mechanism, expert testimony, or the basis for the alleged aggravation of transverse myelitis beyond the parties' stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00603-0
Date issued/filed: 2015-03-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/27/2015) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00603-UNJ Document 38 Filed 03/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-603V
Filed: February 27, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
BRUCE A. GOLDSMITH, *
* Special Master Dorsey
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine; Significant
* Aggravation of Transverse Myelitis.
Respondent. *
*
* * * * * * * * * * * * * * * *
Elizabeth Martin Muldowney, Rawls, McNelis and Mitchell, PC, Richmond, VA, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On August 23, 2013, Bruce Goldsmith (“petitioner”), filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that a trivalent influenza (“flu”) vaccine, administered to him on October 20,
2010, caused him to suffer a significant aggravation of his previously diagnosed transverse
myelitis (“TM”), resulting in increased pain, gait deterioration, diminution in balance and other
neurological sequalae. Petition at 1. Petitioner further alleged that he suffered the residual
effects or complications of his vaccine injury for more than six months. Id. at 6. On February
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00603-UNJ Document 38 Filed 03/20/15 Page 2 of 7
26, 2015, the parties filed a stipulation, stating that a decision should be entered awarding
compensation.
Respondent denies that petitioner’s significant aggravation of TM, or any other condition,
was caused-in-fact by his flu vaccination. Nevertheless, the parties agree to the joint stipulation,
attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $120,000.00, in the form of a check payable to petitioner. This amount
represent compensation for all damages that would be available under 42 U.S.C. § 300aa-
15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00603-1
Date issued/filed: 2015-07-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/2/2015) regarding 41 DECISION Fees Stipulation/Proffer. Signed by Special Master Nora Beth Dorsey. (fs) Copy to parties.
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Case 1:13-vv-00603-UNJ Document 44 Filed 07/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 2, 2015
* * * * * * * * * * * * * * UNPUBLISHED
BRUCE GOLDSMITH, * No. 13-603v
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Elizabeth Martin Muldowney, Rawls, McNelis and Mitchell, PC, Richmond, VA, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On August 23, 2013, Bruce Goldsmith (“petitioner”), filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that a trivalent influenza (flu) vaccine, administered to him on October 20,
2010, caused him to suffer a significant aggravation of his previously diagnosed transverse
myelitis, resulting in increased pain, gait deterioration, diminution in balance and other
neurological sequalae. Petition at 1. Petitioner further alleged that he suffered the residual
effects or complications of his vaccine injury for more than six months. Id. at 6. On February
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00603-UNJ Document 44 Filed 07/23/15 Page 2 of 2
27, 2015, the undersigned entered a decision awarding compensation to petitioner based on a
stipulation filed by the parties.
On July 2, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $28,000.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner advanced $500.00, in reimbursable costs in pursuit of
this claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Elizabeth M. Muldowney, of the law firm of Rawls, McNelis & Mitchell, in the
amount of $28,000.00, and
(2) in the form of a check payable to petitioner only in the amount of $500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2