Sally J. Silver v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On August 27, 2019, Sally J. Silver filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 14, 2017.
Ms. Silver passed away on March 5, 2020, and Brenda Tatro, as Trustee of the Sally J.
Silver Revocable Trust and later as Administrator for the Estate of Sally J. Silver, was substituted as petitioner.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement. The respondent agreed that Ms.
Silver had no prior shoulder issues, that the onset of pain occurred within 48 hours of vaccination, that the pain was limited to the injection site, and that no other condition explained her symptoms. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on September 28, 2021, finding Ms. Silver entitled to compensation.
Subsequently, on January 21, 2022, the parties filed a proffer agreeing to an award of $90,000.00 for past pain and suffering. The decision awarding this amount was issued on March 1, 2022.
The award was a lump sum payment of $90,000.00, payable to The Estate of Sally J. Silver, Brenda Tatro, Administrator.
Petitioner was represented by Christine M. Smith (later Christine M.
Smith, Law Office of Christine M. Smith, R.N., MSN), and respondent was represented by Laurie Wiesner (later Wei Kit Tai, U.S.
Department of Justice).
Theory of causation
Petitioner Sally J. Silver received an influenza vaccine on September 14, 2017, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The case proceeded as a Table injury claim. The respondent conceded entitlement, agreeing that Ms. Silver had no prior shoulder issues, the onset of pain occurred within 48 hours of vaccination, and the pain was limited to the injection site. No specific medical experts or detailed clinical information regarding the mechanism of injury were detailed in the provided public text. The Special Processing Unit (SPU) was assigned to the case. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 28, 2021. On January 21, 2022, a proffer was filed agreeing to an award of $90,000.00 for past pain and suffering, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The final decision awarding this lump sum payment was issued on March 1, 2022. Petitioner was represented by Christine M. Smith and respondent by Laurie Wiesner and later Wei Kit Tai. Ms. Silver passed away on March 5, 2020, and her estate, represented by Brenda Tatro, was substituted as petitioner.
Source PDFs
USCOURTS-cofc-1_19-vv-01285