Cynthia G. DaSilva v. HHS - Influenza, right shoulder injuries including bursitis (2024)

Cynthia G. DaSilva filed a petition for vaccine compensation on January 11, 2021, alleging injury from an influenza vaccine she received on September 4, 2020.

She claimed to have developed right shoulder injuries, including bursitis, as a result of the vaccination, and that these residual effects lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.

DaSilva sustained a shoulder injury related to vaccine administration (SIRVA) or bursitis, and denied that the flu vaccine caused or aggravated her alleged injuries. Despite these differing positions, the parties filed a joint stipulation on January 30, 2024, agreeing to settle the case.

The court adopted the stipulation, awarding Ms. DaSilva a lump sum of $35,000.00 as compensation for all damages.

This award represents a compromise of the parties' respective positions on liability and damages, and the case was resolved as a Table claim because the influenza vaccine is listed on the Vaccine Injury Table.