Jill Silver v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Jill Silver filed a petition for compensation under the National Vaccine Injury Compensation Program on March 1, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 4, 2016. Ms.
Silver alleged the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. The respondent denied that the flu vaccine caused Ms.
Silver's alleged SIRVA. Despite this denial, the parties filed a joint stipulation on February 19, 2019, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Ms.
Silver was awarded a lump sum of $28,000.00, representing compensation for all items of damages available under § 15(a). The decision was posted on the United States Court of Federal Claims' website.
Petitioner's counsel was Scott William Rooney of Nemes, Rooney P.C., and respondent's counsel was Julia Marter Collison of the U.S. Department of Justice.
Theory of causation
Petitioner Jill Silver alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on January 4, 2016. Respondent denied that the flu vaccine caused the alleged SIRVA. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Chief Special Master Nora Beth Dorsey adopted the stipulation as the Court's decision. Petitioner was awarded $28,000.00 as a lump sum. Petitioner's counsel was Scott William Rooney, and respondent's counsel was Julia Marter Collison. The decision date was April 17, 2019.
Source PDFs
USCOURTS-cofc-1_18-vv-00315