VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01357
Package ID: USCOURTS-cofc-1_18-vv-01357
Petitioner: John Silva
Filed: 2018-09-05
Decided: 2021-09-14
Vaccine: influenza
Vaccination date: 2015-09-15
Condition: chronic immune demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 97939

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01357-0
Date issued/filed: 2021-10-12
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 9/14/2021) regarding 82 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:18-vv-01357-UNJ Document 86 Filed 10/12/21 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 14, 2021
* * * * * * * * * * * * * * * * * * *
JOHN SILVA, * UNPUBLISHED
*
Petitioner, * No. 18-1357V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Chronic
* Immune Demyelinating
Respondent. * Polyneuropathy (“CIDP”).
*
* * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Christine Mary Becer, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On September 5, 2018, John Silva (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine
on September 15, 2015, he developed chronic immune demyelinating polyneuropathy (“CIDP”).
Amended (“Am.”) Petition at 1 (ECF No. 25).
On September 14, 2021, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 81). Respondent denies that the flu vaccine
caused petitioner to suffer from CIDP or any other injury or his current condition. Nevertheless,
1 Because this Decision contains a reasoned explanation for the action in this case, the
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). 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.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:18-vv-01357-UNJ Document 86 Filed 10/12/21 Page 2 of 9
the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds
the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $97,939.30, which represents compensation for first year life care
expenses ($20,520.10), pain and suffering ($75,000.00), and past unreimbursable
expenses ($2,419.20), in the form of a check payable to petitioner.
(2) An amount sufficient to purchase the annuity contract described in paragraph
10 of the Stipulation, paid to the life insurance company from which the annuity
will be purchased (the “Life Insurance Company”).
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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