VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00212
Package ID: USCOURTS-cofc-1_19-vv-00212
Petitioner: Sheldon Finkelstein
Filed: 2019-02-06
Decided: 2021-03-25
Vaccine: influenza
Vaccination date: 2017-11-13
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00212-0
Date issued/filed: 2021-03-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/17/2021) regarding 58 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Appendix Joint Stipulation) (jmw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00212-UNJ Document 64 Filed 03/25/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SHELDON FINKELSTEIN, *
* No. 19-212V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 17, 2021
*
SECRETARY OF HEALTH * Stipulation; influenza vaccine;
AND HUMAN SERVICES, * transverse myelitis (“TM”).
*
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for Petitioner;
Mollie D. Gorney, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On February 17, 2021, the parties filed a joint stipulation concerning the
petition for compensation filed by Sheldon Finkelstein on February 6, 2019.
Petitioner alleged that the influenza (“flu”) vaccine he received on November 13,
2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused him to suffer transverse myelitis (“TM”). Petitioner further
alleges that he suffered the residual effects of this injury for more than six months.
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:19-vv-00212-UNJ Document 64 Filed 03/25/21 Page 2 of 2
Respondent denies that the vaccines either caused or significantly
aggravated petitioner’s alleged injury or any other injury, and denies that
petitioner's current disabilities are the result of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $150,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2