VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01897 Package ID: USCOURTS-cofc-1_18-vv-01897 Petitioner: David Gerard Harvey, II Filed: 2018-12-10 Decided: 2020-11-24 Vaccine: influenza Vaccination date: 2017-03-15 Condition: severe shoulder pain and numbness/tingling his fingers Outcome: compensated Award amount USD: 38000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01897-0 Date issued/filed: 2020-11-24 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 10/22/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1897V UNPUBLISHED DAVID GERARD HARVEY, II, Chief Special Master Corcoran Petitioner, Filed: October 22, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 10, 2018, David Gerard Harvey, II, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that he suffered “vaccine-induced pain in his left arm, severe shoulder pain and numbness/tingling his fingers that was either ‘caused-in- fact’ by the” influenza vaccine he received on March 15, 2017. Petition at 1; accord. Petition at ¶¶ 2, 12; Stipulation, filed at Oct. 22, 2020, ¶¶ 1-2, 5. “Respondent denies that the vaccine caused petitioner’s alleged left shoulder injuries; denies that the vaccine caused a Shoulder Injury Related to Vaccine Administration (“SIRVA”); or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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). Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 2 of 8 Nevertheless, on October 22, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $38,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 3 of 8 Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 4 of 8 Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 5 of 8 Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 6 of 8 Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 7 of 8 Case 1:18-vv-01897-UNJ Document 41 Filed 11/24/20 Page 8 of 8