Virgilio Dasilveira v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Virgilio Dasilveira filed a petition on October 21, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 14, 2015.

Mr. Dasilveira further claimed that the residual effects of this injury persisted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged SIRVA or any other injury or current condition. Despite the respondent's denial, the parties submitted a joint stipulation on December 21, 2018, agreeing to an award of compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award includes a lump sum of $106,500.00 payable to the petitioner.

Additionally, $8,217.28 is allocated to reimburse a lien for services rendered by Boston Medical Center HealthNet Plan, payable jointly to the petitioner and the plan. This total award of $114,717.28 is intended to compensate for all items of damages available under the Vaccine Act.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice.