VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00730
Package ID: USCOURTS-cofc-1_15-vv-00730
Petitioner: Stefenie Hilario
Filed: 2016-01-08
Decided: 2016-05-31
Vaccine: influenza
Vaccination date: 2014-10-20
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 118000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00730-0
Date issued/filed: 2016-05-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/08/2016) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00730-UNJ Document 33 Filed 05/03/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-730V
Filed: January 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STEFENIE HILARIO, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 14, 2015, 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” or “Program”]. Petitioner alleges that she suffered a left shoulder injury as a result
of her influenza vaccination received on October 20, 2014. Petition, ¶¶ 1, 3, 5, 7, 9.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 6, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “believes that petitioner’s alleged injury is consistent with
a shoulder injury related to vaccine administration (“SIRVA”) and finds the case
compensable.” Id. Respondent further agrees that petitioner’s injury “was caused in
fact by the flu vaccine she received on October 20, 2014.” Id. at 6. Respondent also
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00730-UNJ Document 33 Filed 05/03/16 Page 2 of 2
indicates that “based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00730-1
Date issued/filed: 2016-05-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/29/2016) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00730-UNJ Document 36 Filed 05/31/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-730V
Filed: April 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STEFENIE HILARIO, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 14, 2015, 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 a left shoulder injury as a result of her
influenza vaccination received on October 20, 2014. Petition, at ¶¶ 1, 3, 5, 7, 9. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 8, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
April 29, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $118,000.00. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00730-UNJ Document 36 Filed 05/31/16 Page 2 of 4
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $118,000.00 in the form of a check payable to
petitioner, Stefenie Hilario. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-00730-UNJ Document 36 Filed 05/31/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STEFENIE HILARIO, )
)
Petitioner, )
) No. 15-0730V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$118,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $118,000.00, in the form of a check payable to petitioner. Petitioner
agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.

Case 1:15-vv-00730-UNJ Document 36 Filed 05/31/16 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: April 29, 2016