Stefenie Hilario v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
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 May 31, 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.
Theory of causation
Petitioner Stefenie Hilario alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the flu vaccine, finding the case compensable under the National Childhood Vaccine Injury Act. The case proceeded to an award of damages based on a proffer. The respondent proffered an award of $118,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which the petitioner accepted. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on January 8, 2016, and the decision awarding damages on May 31, 2016. Petitioner was represented by Alison H. Haskins, and respondent was represented by Sarah Christina Duncan. The specific mechanism of injury and expert testimony were not detailed in the public decision, but the respondent's concession aligned with a Table-based theory for SIRVA.
Source PDFs
USCOURTS-cofc-1_15-vv-00730