VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00585
Package ID: USCOURTS-cofc-1_19-vv-00585
Petitioner: Maria Silva
Filed: 2019-04-18
Decided: 2023-02-27
Vaccine: influenza
Vaccination date: 2017-09-26
Condition: thrombocytopenic purpura
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Maria Silva filed a petition for compensation under the National Vaccine Injury Compensation Program on April 18, 2019, alleging she developed thrombocytopenic purpura after receiving an influenza vaccine on September 26, 2017. The respondent, the Secretary of Health and Human Services, denied that the immunization caused the petitioner's injury. Despite the denial, the parties reached a settlement. On January 31, 2023, they filed a joint stipulation agreeing to resolve the case. As part of the settlement, the respondent agreed to pay Ms. Silva a lump sum of $35,000.00, payable by check to Maria Silva, as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation, directing the clerk of the court to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The case was resolved via stipulation, and the public text does not detail a specific theory of causation or time to onset.

Theory of causation field:
Petitioner Maria Silva alleged she developed thrombocytopenic purpura after receiving an influenza vaccine on September 26, 2017. Respondent denied causation. The parties reached a settlement via joint stipulation filed January 31, 2023. The settlement included a lump sum payment of $35,000.00 to petitioner. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation. The public decision does not specify the theory of causation, mechanism, or expert testimony relied upon for the settlement or award.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00585-0
Date issued/filed: 2023-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/31/2023) regarding 51 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:19-vv-00585-UNJ Document 55 Filed 02/27/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-585V
Filed: January 31, 2023
* * * * * * * * * * * * *
MARIA SILVA, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Thrombocytopenic Purpura;
v. * Influenza (“Flu”) Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Diana L. Stadelnikas Esq., Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Jennifer A. Shah, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 18, 2019, Maria Silva [“Ms. Silva” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed thrombocytopenic purpura after receiving an influenza (“flu”) vaccine on
September 26, 2017. Stipulation, filed January 31, 2023, at ¶¶ 1-4. Respondent denies that the
aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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).
1

Case 1:19-vv-00585-UNJ Document 55 Filed 02/27/23 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On January 31, 2023, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $35,000.00 in the form of a check payable to petitioner, Maria
Silva. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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