VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00666 Package ID: USCOURTS-cofc-1_14-vv-00666 Petitioner: Samantha Silvestri Filed: 2014-07-29 Decided: 2016-10-14 Vaccine: hepatitis A Vaccination date: 2012-01-06 Condition: acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00666-0 Date issued/filed: 2016-10-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/19/2016) regarding 54 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00666-UNJ Document 55 Filed 10/14/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * SAMANTHA SILVESTRI, * * No. 14-666V Petitioner, * Special Master Christian J. Moran * v. * Filed: September 19, 2016 * SECRETARY OF HEALTH * Stipulation; hepatitis A vaccine; AND HUMAN SERVICES, * acute disseminated encephalomyelitis. * (“ADEM”); multiple sclerosis Respondent. * (“MS”). * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer and Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner; Heather L Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 13, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Samantha Silvestri on July 29, 2014. In her petition, petitioner alleged that the hepatitis A vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on January 6, 2012, caused her to suffer acute disseminated encephalomyelitis (“ADEM”) and multiple sclerosis (“MS”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injuries. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:14-vv-00666-UNJ Document 55 Filed 10/14/16 Page 2 of 7 Respondent denies that petitioner suffered ADEM, MS, or any other injury that was caused-in-fact by her January 6, 2012 hepatitis A vaccination; denies that her current disabilities are sequelae of these injuries; and denies that she experienced the residual effects of her injuries for more than six months. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $200,000.00 in the form of a check payable to petitioner, Samantha Silvestri. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-666V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Shannon Proctor, at (202) 357-6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:14-vv-00666-UNJ Document 55 Filed 10/14/16 Page 3 of 7 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SAMANTHA SILVESTRI, ) ) Petitioner, ) ) No. \4-666V V. ) Special Master Christian J. Moran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ~~~~~~~~~~~~~~- ) STIPULATION The parties hereby stipulate to the following matters: I. Samantha Silvestri ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Progra~ 42 U.S.C. § 300aa-I 0 to 34 (the "Vaccine Program").1 The petition seeks compensation for injuries allegedly related to petitioner's receipt of the hepatitis A vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F .R. § I 00.3(a). 2. Petitioner received her hepatitis A vaccination on January 6, 2012. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered acute disseminated encephalomyelitis ("ADEM") and multiple sclerosis ("MS") as a result of her hepatitis A vaccination. She further alleges that she experienced symptoms of these injuries for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civi I action 1 The petition was originally filed on petitioner's behalf by her parents, Carl and Susan Silvestri. After petitioner reached the age of majority, petitioner was substituted as the sole petitioner herein. I Case 1:14-vv-00666-UNJ Document 55 Filed 10/14/16 Page 4 of 7 for damages as a result of her alleged injuries. 6. Respondent denies that petitioner suffered ADEM, MS, or any other injury that was caused-in-fact by her January 6, 2012 hepatitis A vaccination; denies that her current disabilities are sequelae of these injuries; and denies that she experienced the residual effects of her injuries for more than six months. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has tiled an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1) , the Secretary of Health and Human Services will issue a lump sum payment of $200,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(\), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. l O. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be 2 Case 1:14-vv-00666-UNJ Document 55 Filed 10/14/16 Page 5 of 7 expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 ct seq.)), or by entities that provide health services on a pre-paid basis. I I. Payment made pursuant to paragraph 8, and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U .S.C. § 300aa-I 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unrcimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C. § 300aa-I 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-I 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions, causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I 0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the hepatitis A vaccine administered on January 6, 2012, as alleged by petitioner in a petition for vaccine compensation filed on or about July 29, 2014, in the United States Court of Federal Claims as petition No. 14-666V. 3 Case 1:14-vv-00666-UNJ Document 55 Filed 10/14/16 Page 6 of 7 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalfofcithcr or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable al the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the hepatitis A vaccine caused petitioner's alleged injuries, or any other injury, or that her current disabilities are sequelae of her alleged injuries. 18. All rights and obligations of petitioner hereunder shal I apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULAT JON I I 4 Case 1:14-vv-00666-UNJ Document 55 Filed 10/14/16 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: fdnald f /(lJl}