VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00367
Package ID: USCOURTS-cofc-1_23-vv-00367
Petitioner: Marna Harmon
Filed: 2023-03-14
Decided: 2024-09-12
Vaccine: Tdap
Vaccination date: 2022-06-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Marna Harmon filed a petition for compensation under the National Vaccine Injury Compensation Program on March 14, 2023. She alleged that after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on June 20, 2022, she suffered a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The respondent specifically stated that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and did not dispute that Petitioner satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Marna Harmon is entitled to compensation. The case is proceeding to determine the award amount. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and Respondent was represented by Mary Novakovic of the U.S. Department of Justice. The decision on entitlement was issued on September 12, 2024.

Theory of causation field:
Petitioner Marna Harmon received a Tdap vaccination on June 20, 2022, and alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent conceded entitlement, stating the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details of the condition. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 12, 2024, finding Petitioner entitled to compensation. The case is pending determination of the award amount. Petitioner's counsel was Jonathan Joseph Svitak, and Respondent's counsel was Mary Novakovic.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00367-0
Date issued/filed: 2024-09-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/12/2024) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00367-UNJ Document 29 Filed 09/12/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-367V
MARNA HARMON, Chief Special Master Corcoran
Petitioner, Filed: August 12, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 14, 2023, Marna Harmon (“Petitioner”) 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 she suffered from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccination on June 20, 2022. Pet., ECF No. 1. Petitioner further
alleges that she suffered the residual effects of her injury for more than six months. Id.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 2024, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1, ECF No. 24. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:23-vv-00367-UNJ Document 29 Filed 09/12/24 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent does
not dispute that Petitioner “has satisfied all legal prerequisites for compensation under
the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2