Sheldon Finkelstein v. HHS - Influenza, transverse myelitis (2021)
Case summary [AI summaries can sometimes make mistakes]
Sheldon Finkelstein filed a petition for compensation on February 6, 2019, alleging that the influenza vaccine he received on November 13, 2017, caused him to suffer transverse myelitis (TM) and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the petitioner's alleged injury.
Despite the denial, the parties filed a joint stipulation agreeing to compensation. The stipulation stated that Mr.
Finkelstein had not received a prior award or settlement for his condition. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award includes a lump sum payment of $150,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was issued on March 25, 2021. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury.
Petitioner was represented by Jessica E. Choper of Britcher Leone, L.L.C., and respondent was represented by Mollie D.
Gorney of the United States Department of Justice.
Theory of causation
Petitioner Sheldon Finkelstein alleged that the influenza vaccine administered on November 13, 2017, caused transverse myelitis (TM), an injury listed on the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied causation and aggravation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran on March 25, 2021. The stipulation resulted in a lump sum award of $150,000.00 for all damages. The public decision does not detail the specific medical experts, the mechanism of injury, or the evidence presented beyond the stipulation. Petitioner counsel was Jessica E. Choper, and respondent counsel was Mollie D. Gorney.
Source PDFs
USCOURTS-cofc-1_19-vv-00212