Sally J. Silver v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

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 January 24, 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).