VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00315
Package ID: USCOURTS-cofc-1_18-vv-00315
Petitioner: Jill Silver
Filed: 2019-02-22
Decided: 2019-04-17
Vaccine: influenza
Vaccination date: 2016-01-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 28000

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00315-0
Date issued/filed: 2019-04-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/22/2019) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00315-UNJ Document 48 Filed 04/17/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-315V
Filed: February 22, 2019
UNPUBLISHED
JILL SILVER,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 1, 2018, 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 shoulder injury related to vaccine
administration (“SIRVA”) after an influenza (“flu”) vaccine administered on January 4,
2016. Petition at 2; Stipulation, filed February 19, 2019, at ¶¶ 1. Petitioner further
alleges that the vaccine was administered within the United States, that she
experienced the residual effects of her injury for more than six months, and that there
has been no prior award or settlement of a civil action for damages as a result of her
alleged condition. Petition at 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that the flu
vaccine caused Ms. Silver’s alleged SIRVA.” 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 1:18-vv-00315-UNJ Document 48 Filed 04/17/19 Page 2 of 7
Nevertheless, on February 19, 2019, 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 lump sum of $28,000.00 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 § 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

Case 1:18-vv-00315-UNJ Document 48 Filed 04/17/19 Page 3 of 7

Case 1:18-vv-00315-UNJ Document 48 Filed 04/17/19 Page 4 of 7

Case 1:18-vv-00315-UNJ Document 48 Filed 04/17/19 Page 5 of 7

Case 1:18-vv-00315-UNJ Document 48 Filed 04/17/19 Page 6 of 7

Case 1:18-vv-00315-UNJ Document 48 Filed 04/17/19 Page 7 of 7