VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00545
Package ID: USCOURTS-cofc-1_21-vv-00545
Petitioner: Cynthia G. DaSilva
Filed: 2021-01-11
Decided: 2024-01-30
Vaccine: influenza
Vaccination date: 2020-09-04
Condition: right shoulder injuries including bursitis
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00545-0
Date issued/filed: 2024-02-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/30/2024) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00545-UNJ Document 47 Filed 02/29/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0545V
CYNTHIA G. DASILVA, Chief Special Master Corcoran
Petitioner,
v. Filed: January 30, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, Cynthia G. DaSilva filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On or about September 4, 2020, Petitioner received an influenza (“flu”)
vaccine in her right deltoid, which vaccine is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she subsequently developed right
shoulder injuries including bursitis as a result of her vaccination. She further alleges that
she has experienced residual effects of this injury for more than six months.
Respondent denies that Petitioner sustained a right shoulder injury related to
vaccine administration (“SIRVA”) and/or bursitis; denies that the flu vaccine caused or
significantly aggravated Petitioner’s alleged right shoulder injuries, or any other injury;
and denies that her current condition is a sequela of a vaccine-related injury.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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 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 1:21-vv-00545-UNJ Document 47 Filed 02/29/24 Page 2 of 7
Nevertheless, on January 30, 2024, the parties filed the attached joint stipulation,3
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $35,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Stipulation at ¶ 8.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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
3 In attaching the parties’ joint stipulation, I have omitted the last page – a Vinesign form that includes
personal information regarding Petitioner.
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 1:21-vv-00545-UNJ Document 47 Filed 02/29/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CYNTHIA G. DASILVA,
Petitioner,
No. 21-545V (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Cynthia G. Dasilva , filed a petition and an amended petition for
vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §
300aa-10 to 34 (the "Vaccine Program"). The petitioner seeks compensation for a right shoulder
injury related to vaccine administration ("SIRVA"), allegedly related to petitioner's receipt of an
influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F .R. § I 00.3 (a). The amended petition alleges "injuries, including bursitis," resulted from the
flu vaccine.
2. Petitioner received a flu vaccine in her right deltoid on or about September 4,
2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she subsequently developed right shoulder injuries
including bursitis as a result of her vaccination. She further alleges that she has experienced
residual effects of this injury for more than six months.

Case 1:21-vv-00545-UNJ Document 47 Filed 02/29/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition.
6. Respondent denies that petitioner sustained a right SIRVA and/or bursitis; denies
that the flu vaccine caused or significantly aggravated petitioner's alleged right shoulder injuries,
or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $35,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U .S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
2

Case 1:21-vv-00545-UNJ Document 47 Filed 02/29/24 Page 5 of 7
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees, and litigation costs, the money provided pursuant to this Stipulation
will be used solely for the benefit of petitioner as contemplated by a strict construction of 42
U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from a flu vaccine administered on or about September 4, 2020,
as alleged by petitioner in a petition for vaccine compensation filed on or about January 11,
2021, and an amended petition filed on March 25, 2022, in the United States Court of Federal
Claims as petition No. 21-545V.
3

Case 1:21-vv-00545-UNJ Document 47 Filed 02/29/24 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and understand that the award described in
this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
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4

Case 1:21-vv-00545-UNJ Document 47 Filed 02/29/24 Page 7 of 7
Respectfully submitted,
CYNT
A TTOR11"EY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
V~
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e
NANCYRM HEATHER L. PEARLMAN
TURNING POJN ITIGATION Deputy Director
300 North Greene Street, Suite 2000 Torts Branch
Greensboro, NC 27401 Civil Division
(336) 645-3320 U.S. Department of Justice
nmevers@tumingpointlit.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R.
DlgltallysignedbyGcorgeR.
Grimes-SU
Grimes -S 14
Date:2024.01.0912:27:23-05'00'
CDR GEORGE REED GRIMES, MD, MPH KA THERINE C. ESPOSI
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health. Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 305-3774
Rockville, MD 20857 Email: katherine.esposito(a)usdoj .gov
,b::'1
l J"?o
Dated: