Samantha Silvestri v. HHS - Hepatitis A, acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Samantha Silvestri filed a petition for vaccine compensation on July 29, 2014, alleging that she received a hepatitis A vaccine on January 6, 2012, and subsequently suffered from acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS). The hepatitis A vaccine is listed on the Vaccine Injury Table.
The respondent denied that the vaccination caused petitioner's alleged injuries or that she experienced residual effects for more than six months. Despite these denials, the parties reached a joint stipulation to settle the case.
Special Master Christian J. Moran reviewed and approved the stipulation, adopting it as the decision of the Court.
As part of the stipulation, Samantha Silvestri was awarded a lump sum payment of $200,000.00, payable by check, as compensation for all damages. The decision, based on the stipulation, was issued on October 14, 2016.
Petitioner was represented by Ronald C. Homer and Meredith Daniels of Conway, Homer & Chin-Caplan, P.C., and the respondent was represented by Heather L.
Pearlman of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details of the alleged injuries, diagnostic tests performed, or treatments received. It also does not name any medical experts or detail a specific mechanism of causation.
Theory of causation
Petitioner Samantha Silvestri alleged that the hepatitis A vaccine administered on January 6, 2012, caused her to suffer acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS), with residual effects lasting more than six months. The hepatitis A vaccine is listed on the Vaccine Injury Table. Respondent denied causation and the duration of residual effects. The parties reached a stipulation to settle the case, and Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation resulted in a $200,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injuries. Attorneys for petitioner were Ronald C. Homer and Meredith Daniels; attorney for respondent was Heather L. Pearlman. The decision date was October 14, 2016.
Source PDFs
USCOURTS-cofc-1_14-vv-00666