John Silva v. HHS - Influenza, chronic immune demyelinating polyneuropathy (2021)
Case summary [AI summaries can sometimes make mistakes]
On September 5, 2018, John Silva filed a petition alleging that an influenza vaccine administered on September 15, 2015, caused him to develop chronic immune demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr.
Silva's condition. Despite this denial, the parties reached a stipulation recommending an award of compensation.
Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award included a lump sum of $97,939.30, representing $20,520.10 for first-year life care expenses, $75,000.00 for pain and suffering, and $2,419.20 for past unreimbursable expenses.
The award also included an amount sufficient to purchase an annuity contract for future damages, paid to a life insurance company. The parties agreed to this stipulation, and judgment was entered accordingly.
Ronald Craig Homer represented the petitioner, and Christine Mary Becer represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert testimony.
Theory of causation
Petitioner John Silva alleged that an influenza vaccine administered on September 15, 2015, caused him to develop chronic immune demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded $97,939.30, comprising $20,520.10 for first-year life care expenses, $75,000.00 for pain and suffering, and $2,419.20 for past unreimbursable expenses, plus an amount for an annuity for future damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the CIDP. The decision date was September 14, 2021. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_18-vv-01357