VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00165
Package ID: USCOURTS-cofc-1_18-vv-00165
Petitioner: Karen Harvey
Filed: 2018-02-01
Decided: 2020-11-12
Vaccine: Tdap
Vaccination date: 2016-08-18
Condition: radiculoplexus neuropathy
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Karen Harvey filed a petition on February 1, 2018, alleging that a Tdap vaccine administered on August 18, 2016, caused her to suffer from radiculoplexus neuropathy. The respondent denied that the vaccine caused the alleged injury or any other injury, and denied that petitioner's condition was a sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation for compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Karen Harvey a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was based on this stipulation and judgment was to be entered accordingly. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Julia Collison of the U.S. Department of Justice. The decision was issued on November 12, 2020.

Theory of causation field:
Petitioner Karen Harvey alleged that a Tdap vaccine administered on August 18, 2016, caused her to suffer from radiculoplexus neuropathy. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded petitioner a lump sum of $50,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or mechanism of injury. The case was resolved via stipulation, not litigation on the merits of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00165-0
Date issued/filed: 2020-12-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/12/2020) regarding 49 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:18-vv-00165-UNJ Document 54 Filed 12/07/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 12, 2020
* * * * * * * * * * * * * * * * * * *
KAREN HARVEY, * UNPUBLISHED
*
Petitioner, * No. 18-165V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Tetanus-Diphtheria-Acellular
* Pertussis (“Tdap”) Vaccine;
Respondent. * Radiculoplexus Neuropathy.
*
* * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Julia Collison, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On February 1, 2018, Karen Harvey (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleged that as a result of a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine on August 18, 2016, she suffered from radiculoplexus
neuropathy. Petition at Preamble (ECF No. 1).
On November 12, 2020, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 48). Respondent denies that petitioner
sustained a radiculoplexus neuropathy, denies that the vaccine caused petitioner’s alleged injury
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will
be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),
petitioner has 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:18-vv-00165-UNJ Document 54 Filed 12/07/20 Page 2 of 8
or any other injury, and denies petitioner’s current condition is a sequelae of a vaccine-related
injury. 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.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $50,000.00 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). Stipulation at ¶ 8.
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/Nora B. Dorsey
Nora B. Dorsey
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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