Stefenie Hilario v. HHS - Influenza, left shoulder injury (2016)

Stefenie Hilario filed a petition for compensation on January 8, 2016, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2014. The respondent filed a Rule 4(c) report on January 6, 2016, conceding that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine.

The respondent further agreed that the petitioner had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 8, 2016, finding the petitioner entitled to compensation.

Subsequently, on April 29, 2016, the respondent filed a proffer on award of compensation, proposing an award of $118,000.00, which the petitioner agreed to. This amount was stated to represent all elements of compensation available under 42 U.S.C. § 300aa-15(a).

On April 29, 2016, Chief Special Master Dorsey issued a decision awarding damages based on this proffer. The award was made as a lump sum payment of $118,000.00, in the form of a check payable to Stefenie Hilario, who was noted to be a competent adult.

Petitioner was represented by Alison H. Haskins of Maglio Christopher and Toale, PA, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice.