VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01376
Package ID: USCOURTS-cofc-1_16-vv-01376
Petitioner: Virgilio Dasilveira
Filed: 2016-10-21
Decided: 2019-02-06
Vaccine: influenza
Vaccination date: 2015-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 114717

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Virgilio Dasilveira alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2015, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey on February 6, 2019. The award totaled $114,717.28, comprising a $106,500.00 lump sum to the petitioner and $8,217.28 for reimbursement of a lien to Boston Medical Center HealthNet Plan. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, as the case was resolved via stipulation. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01376-0
Date issued/filed: 2019-02-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/21/2018) regarding 63 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01376-UNJ Document 69 Filed 02/06/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1376V
Filed: December 21, 2018
UNPUBLISHED
VIRGILIO DASILVEIRA,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH
Related to Vaccine Administration
AND HUMAN SERVICES,
(SIRVA)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 21, 2016, Virgilio Dasilveira (“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 he suffered a shoulder
injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”)
vaccine he received on October 14, 2015. Petition at 1; Stipulation, filed December 21,
2018, at ¶ 4. Petitioner further alleges that he suffered the residual effects of this injury
for more than six months. Petition at 7; Stipulation at ¶ 4. “Respondent denies that the
flu vaccine is the cause of petitioner’s alleged SIRVA or any other injury or his current
condition.” Stipulation at ¶ 6.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:16-vv-01376-UNJ Document 69 Filed 02/06/19 Page 2 of 7
Nevertheless, on December 21, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
a. A lump sum of $106,500.00, in the form of a check payable to petitioner;
and
b. A lump sum of $8,217.28, which amount represents reimbursement of a lien
for services rendered on behalf of petitioner, in the form of a check payable
jointly to petitioner and
Boston Medical Center HealthNet Plan
File # B0065830200
Third Party Liability, Lux Lorenzi
529 Main Street, Suite 500
Charlestown, MA 02129
Petitioner agrees to endorse this check to Boston Medical Center HealthNet
Plan. Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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

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