VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01285
Package ID: USCOURTS-cofc-1_19-vv-01285
Petitioner: Sally J. Silver
Filed: 2019-08-27
Decided: 2022-03-01
Vaccine: influenza
Vaccination date: 2017-09-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01285-0
Date issued/filed: 2021-10-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/28/2021) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01285-UNJ Document 32 Filed 10/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1285V
UNPUBLISHED
BRENDA TATRO, Chief Special Master Corcoran
Trustee of the Sally J. Silver
Revocable Trust Filed: September 28, 2021
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Christine M. Smith, Law Office of Christine M. Smith, Manchester, NH, for Petitioner.
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 27, 2019, Sally J. Silver2 filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Ms. Silver alleges that she suffered from a shoulder injury related to
vaccine administration (“SIRVA”) after an influenza (“flu”) vaccination on September 14,
2017. Petition at ¶1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am 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 Ruling 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, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 On August 27, 2020, Brenda Tatro, as Trustee of the Sally J. Silver Revocable Trust, was substituted as
petitioner after Ms. Silver passed away in March of 2020. ECF No. 22.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01285-UNJ Document 32 Filed 10/28/21 Page 2 of 2
On September 27, 2021, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent states that “Ms. Silver had no history of pain,
inflammation, or dysfunction of her right shoulder prior to vaccination that would explain
her signs, symptoms or findings after vaccination; the onset of pain occurred within 48
hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder
where the vaccine was administered; and no other condition or abnormality has been
identified to explain Ms. Silver’s right shoulder symptoms.” Id. at 5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01285-1
Date issued/filed: 2022-03-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/24/2022) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01285-UNJ Document 50 Filed 03/01/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1285V
UNPUBLISHED
BRENDA TATRO, as administrator for Chief Special Master Corcoran
the Estate of Sally J. Silver,
Filed: January 24, 2022
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Shoulder
HUMAN SERVICES, Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Christine Smith, Law Office of Christine M. Smith, R.N., MSN, Manchester, N.H., for
Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 27, 2019, Sally J. Silver,2 filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on
September 14, 2017. Petition at ¶¶ 2, 4. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 28, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA injury. On January 21, 2022, Respondent filed a
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
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, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 Brenda Tatro was substituted for Petitioner after her death. See ECF No. 22 and ECF No. 42.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01285-UNJ Document 50 Filed 03/01/22 Page 2 of 5
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$90,000.00 in past pain and suffering. Proffer at I(A). In the Proffer, Respondent
represented that Petitioner agrees with the proffered award. Id. Based on the record as a
whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $90,000.00 in the form of a check payable to The Estate of Sally J.
Silver, Brenda Tatro, Administrator. This amount represents compensation for all
damages that would be available under Section 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:19-vv-01285-UNJ Document 50 Filed 03/01/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
The Estate of Sally J. Silver, )
Brenda Tatro, Administrator, )
)
Petitioner, ) No. 19-1285V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 27, 2019, Sally J. Silver filed a petition for compensation under the National
Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”),
alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as
defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine she
received on September 14, 2017.1
On September 27, 2021, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms
of the Act for a SIRVA Table injury. ECF No. 29. On September 28, 2021, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 30.
1 Ms. Silver died on March 5, 2020. See Death Certificate, ECF No. 21. Thereafter, petitioner
was substituted as the legal representative of petitioner’s estate.

Case 1:19-vv-01285-UNJ Document 50 Filed 03/01/22 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in past pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4).
This amount represent all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $90,000.00, in the form of a check made payable to The Estate
of Sally J. Silver, Brenda Tatro, Administrator.2 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief.
2

Case 1:19-vv-01285-UNJ Document 50 Filed 03/01/22 Page 5 of 5
s/ Wei Kit (Ricky) Tai
WEI KIT (RICKY) TAI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 598-7705
Wei.Tai@usdoj.gov
Dated: January 21, 2022
3