Benjamin Harvey v. HHS - Influenza, migraines and new daily persistent headaches (2025)

On October 8, 2020, Candace Harvey and Shawn Harvey filed a petition on behalf of their then-minor son, Benjamin Harvey, seeking compensation under the National Vaccine Injury Compensation Program. Benjamin Harvey was later substituted as the Petitioner upon reaching the age of majority.

The Petitioner alleges that he received an influenza vaccine on October 10, 2017, and that this vaccine caused him to develop migraines and new daily persistent headaches, with residual effects lasting over six months. The Respondent denies that the Petitioner's alleged injuries or their residual effects were caused by the flu vaccine.

Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on December 30, 2024. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision. The stipulation awarded Benjamin Harvey a lump sum of $80,000.00, payable by check, as compensation for all damages.

The petition was originally filed on January 2, 2025, and the decision awarding damages was issued on February 5, 2025. Petitioner counsel was Ronald C.

Homer of Conway, Homer, P.C., and respondent counsel was Benjamin P. Warder of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.