David Goodwin v. HHS - Tdap, Transverse Myelitis (2023)

On December 21, 2016, David Goodwin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Transverse Myelitis (TM) as a result of receiving a Tdap vaccine on January 7, 2015. Mr.

Goodwin was 48 years old at the time of vaccination. The respondent, the Secretary of Health and Human Services, argued that the case was not appropriate for compensation.

The Special Master, Katherine E. Oler, issued a decision on October 23, 2023, dismissing the petition.

The Special Master found that Mr. Goodwin developed his condition before receiving the Tdap vaccine and that he did not, more likely than not, have transverse myelitis.

The decision details Mr. Goodwin's medical history, including a visit to Dr.

Gee on January 7, 2015, for a routine physical where he reported a superficial burning sensation on his left back radiating to his mid-abdomen and left flank pain that had been present for three weeks. He received the Tdap vaccine during this visit.

Post-vaccination, Mr. Goodwin reported fever, tingling in his hands and feet, and fatigue.

Subsequent medical evaluations and MRIs revealed an abnormal T2 hyperintensity in the thoracic spinal cord from T7 to T10, leading to a diagnosis of acute myelitis. Differential diagnoses included multiple sclerosis, transverse myelitis, acute disseminated encephalomyelitis, viral myelitis, and neuromyelitis optica.

Mr. Goodwin was treated with Solu-Medrol and experienced improvement.

The case involved extensive expert testimony. Petitioner's experts, Dr.

Omid Akbari (immunology) and Dr. Frederick Nahm (neurology), opined that the Tdap vaccine caused Mr.

Goodwin's TM, with Dr. Akbari proposing a molecular mimicry mechanism and Dr.

Nahm focusing on diagnostic criteria. Respondent's experts, Dr.

Peter Donofrio (neurology) and Dr. S.

Mark Tompkins (immunology), concluded that Mr. Goodwin did not suffer from TM and that his symptoms predated the vaccination.

Dr. Donofrio specifically argued that Mr.

Goodwin's symptoms did not meet the diagnostic criteria for acute TM, particularly regarding the onset-to-nadir progression and the presence of upper extremity symptoms inconsistent with a T7-10 lesion. The Special Master found that the symptoms reported on January 7, 2015, including the three-week history of flank pain and burning sensation, represented the onset of Mr.

Goodwin's condition, which predated the vaccination by approximately 41 days. The Special Master also determined that Mr.

Goodwin did not meet the diagnostic criteria for acute TM, specifically the progression to nadir within 21 days and the monophasic nature of the illness, noting that his symptoms recurred and fluctuated. Furthermore, the upper extremity symptoms were deemed inconsistent with a T7-10 spinal cord lesion.

Consequently, the Special Master concluded that Mr. Goodwin failed to prove by a preponderance of the evidence that the Tdap vaccine caused his condition or that he suffered from TM, leading to the dismissal of his petition.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Catherine E.

Stolar of the U.S. Department of Justice.

Special Master Katherine E. Oler presided over the case.