VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01652
Package ID: USCOURTS-cofc-1_16-vv-01652
Petitioner: Emilia Silva
Filed: 2016-08-20
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2015-11-03
Condition: Guillain-Barre Syndrome – Miller Fisher Variant
Outcome: compensated
Award amount USD: 162000

AI-assisted case summary:
Emilia Silva filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2018, alleging that she suffered from Guillain-Barre Syndrome – Miller Fisher Variant (GBS/MFV) as a result of an influenza vaccine she received on November 3, 2015. She further alleged that her symptoms persisted for more than six months. The respondent denied that the vaccination caused her alleged injury. Despite the denial, the parties filed a joint stipulation on August 17, 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 granted to Emilia Silva was a lump sum of $162,000.00, payable by check to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was entered on October 23, 2018. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Emilia Silva alleged that an influenza vaccine received on November 3, 2015, caused Guillain-Barre Syndrome – Miller Fisher Variant (GBS/MFV), with symptoms persisting for more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The Special Master adopted the stipulation, awarding a lump sum of $162,000.00 for all damages available under the Vaccine Act. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. The decision was entered on October 23, 2018, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was John Robert Howie, and respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01652-0
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/20/2018) regarding 43 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01652-UNJ Document 54 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1652V
Filed: August 20, 2018
UNPUBLISHED
EMILIA SILVA,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS); Miller-Fisher
Variant
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 15, 2016, Emilia Silva (“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 from
Guillain-Barre Syndrome – Miller Fisher Variant (“GBS/MFV”) as a result of an influenza
(“flu”) vaccine she received on November 3, 2015. Petition at 1; Stipulation, filed
August 17, 2018, at ¶ 4. Petitioner further alleges that she suffered the symptoms of
her injury for more than six months. Petition at 9; Stipulation at ¶ 4. “Respondent
denies that petitioner’s alleged GBS/MFV, or any other injury, was caused-in-fact by her
flu vaccination.” Stipulation at ¶ 6.
Nevertheless, on August 17, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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 1:16-vv-01652-UNJ Document 54 Filed 10/23/18 Page 2 of 7
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 lump sum of $162,000.00, in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-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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