VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01537 Package ID: USCOURTS-cofc-1_17-vv-01537 Petitioner: Sheila Harshaw Filed: 2020-02-11 Decided: 2020-03-09 Vaccine: influenza Vaccination date: 2014-10-22 Condition: transverse myelitis Outcome: compensated Award amount USD: 163775 AI-assisted case summary: Sheila Harshaw filed a petition for compensation under the National Vaccine Injury Compensation Program on October 16, 2017, alleging she developed transverse myelitis after receiving an influenza vaccine on October 22, 2014. The respondent denied that the vaccination caused her injury. The parties reached a settlement, agreeing that the respondent would issue a payment of $150,000.00 to Ms. Harshaw and an additional $13,775.96 to reimburse a California Medicaid lien. This total award of $163,775.00 represents compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed the clerk of the court to enter judgment accordingly. The decision was filed on March 9, 2020. Petitioner counsel was Jeffrey Pop, Esq., of Jeffrey S. Pop & Associates. Respondent counsel was Christine Becer, Esq., of the US Department of Justice. Theory of causation field: Petitioner Sheila Harshaw alleged she developed transverse myelitis after receiving an influenza vaccine on October 22, 2014. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The settlement award was $150,000.00 to petitioner and $13,775.96 for a California Medicaid lien, totaling $163,775.00. The decision was issued by Special Master Mindy Michaels Roth on March 9, 2020, adopting the parties' stipulation. Petitioner was represented by Jeffrey Pop, Esq., and respondent by Christine Becer, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01537-0 Date issued/filed: 2020-03-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 2/11/2020) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01537-UNJ Document 42 Filed 03/09/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1537V Filed: February 11, 2020 * * * * * * * * * * * * * SHEILA HARSHAW, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Transverse Myelitis (“TM”); v. * Influenza (“Flu”) Vaccine * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Jeffrey Pop, Esq., Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Christine Becer, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On October 16, 2017, Sheila Harshaw (“Ms. Harshaw” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed transverse myelitis (“TM”) after receiving an influenza (“flu”) vaccine on October 22, 2014. Stipulation, filed February 11, 2020, at ¶¶ 1-4. Respondent denies that the aforementioned vaccination caused petitioner’s injury. Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 whole Decision will be available to the public. Id. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 1 Case 1:17-vv-01537-UNJ Document 42 Filed 03/09/20 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On February 11, 2020, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: 1. A lump sum of $150,000.00 in the form of a check payable to petitioner, Sheila Harshaw; and 2. A lump sum of $13,775.96, which represents reimbursement of a California Medicaid lien for services rendered on behalf of petitioner, in the form of a check payable to petitioner and the Department of Health Care Services and mailed to: Department of Health Care Services Recovery Branch-MS 4720 P.O. Box 997431 Sacramento, CA 95899-7421 Petitioner agrees to endorse this check to the Department of Health Care Services. These amounts represent compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:17-vv-01537-UNJ Document 42 Filed 03/09/20 Page 3 of 7 Case 1:17-vv-01537-UNJ Document 42 Filed 03/09/20 Page 4 of 7 Case 1:17-vv-01537-UNJ Document 42 Filed 03/09/20 Page 5 of 7 Case 1:17-vv-01537-UNJ Document 42 Filed 03/09/20 Page 6 of 7 Case 1:17-vv-01537-UNJ Document 42 Filed 03/09/20 Page 7 of 7