VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00705
Package ID: USCOURTS-cofc-1_16-vv-00705
Petitioner: Lauretta Harvey
Filed: 2016-06-16
Decided: 2019-01-03
Vaccine: Tdap
Vaccination date: 2013-08-01
Condition: Optic Neuritis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Lauretta Harvey filed a petition on June 16, 2016, alleging that the TDaP vaccine she received on August 1, 2013, caused her to suffer from Optic Neuritis. The respondent denied that the vaccine caused the condition. The parties, represented by counsel Ronald Craig Homer for the Petitioner and Debra A. Filteau Begley for the Respondent, filed a stipulation for award on November 30, 2018. In the stipulation, they agreed that Petitioner should receive compensation. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $90,000.00, payable to her, representing compensation for all damages available under the National Childhood Vaccine Injury Act. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.

Theory of causation field:
Petitioner Lauretta Harvey alleged that the TDaP vaccine administered on August 1, 2013, caused her Optic Neuritis. Respondent denied causation. The parties reached a stipulation for award, agreeing to compensation without admitting causation. Special Master Herbrina Sanders approved the stipulation. Petitioner was awarded $90,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00705-0
Date issued/filed: 2019-01-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/03/2018) regarding 56 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rs) Service on parties made.
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Case 1:16-vv-00705-UNJ Document 60 Filed 01/03/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 3, 2018
* * * * * * * * * * * * * * *
LAURETTA HARVEY, * No. 16-705V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; TDaP Vaccine;
AND HUMAN SERVICES, * Optic Neuritis (“ON”)
*
Respondent. *
* * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., MA, for Petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 16, 2016, Lauretta Harvey (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). The petition alleged that the tetanus, diphtheria, acellular pertussis (“TDaP”) vaccine
Petitioner received on August 1, 2013, caused her to suffer from Optic Neuritis (“ON”). See
Stip. at 1, ECF No. 55.
On November 30, 2018, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the
TDaP vaccine caused Petitioner’s alleged ON. Id. at 1. 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.
1 This decision shall be posted 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 (2012)). 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 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00705-UNJ Document 60 Filed 01/03/19 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $90,000.00 in the form of a check payable to [P]etitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Id. at 2.
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
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
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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