David Gerard Harvey, II v. HHS - Influenza, severe shoulder pain and numbness/tingling his fingers (2020)

Filed 2018-12-10Decided 2020-11-24Vaccine Influenza
compensated$38,000

Case summary [AI summaries can sometimes make mistakes]

David Gerard Harvey, II, filed a petition for compensation under the National Vaccine Injury Compensation Program on December 10, 2018. He alleged that an influenza vaccine he received on March 15, 2017, caused vaccine-induced pain in his left arm, severe shoulder pain, and numbness/tingling in his fingers.

The respondent denied that the vaccine caused the petitioner's alleged injuries or any other injury, and denied that his condition was a sequelae of a vaccine-related injury. The parties subsequently filed a joint stipulation for damages on October 22, 2020, agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.

He awarded David Gerard Harvey, II, a lump sum of $38,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision does not describe the petitioner's specific medical history, onset of symptoms, diagnostic tests, treatments, or any expert witnesses.

The attorneys involved were Mark Theodore Sadaka for the petitioner and Colleen Clemons Hartley for the respondent.

Theory of causation

Petitioner David Gerard Harvey, II, received an influenza vaccine on March 15, 2017, and filed a petition alleging vaccine-induced left arm pain, severe shoulder pain, and numbness/tingling in his fingers, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $38,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the alleged condition is consistent with an off-Table SIRVA claim. Petitioner was represented by Mark Theodore Sadaka, and Respondent by Colleen Clemons Hartley. The decision was issued on November 24, 2020.

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