In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * 

SAMANTHA SILVESTRI, * 

 * No. 14-666V 

 Petitioner, * Special Master Christian J. Moran

 * 

v. * Filed: September 19, 2016 

 * 

SECRETARY OF HEALTH * Stipulation; hepatitis A vaccine; 

AND HUMAN SERVICES, * acute disseminated encephalomyelitis. 

 * (“ADEM”); multiple sclerosis 

 Respondent. * (“MS”). 

* * * * * * * * * * * * * * * * * * * * * 

Ronald C. Homer and Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., 

Boston, MA, for Petitioner;

Heather L Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On September 13, 2016, the parties filed a joint stipulation concerning the 

petition for compensation filed by Samantha Silvestri on July 29, 2014. In her

petition, petitioner alleged that the hepatitis A vaccine, which is contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received 

on January 6, 2012, caused her to suffer acute disseminated encephalomyelitis 

(“ADEM”) and multiple sclerosis (“MS”). Petitioner further alleges that she 

suffered the residual effects of this injury for more than six months. 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 alleged injuries. 

 1

 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services), requires that the Court post this decision on its 

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing 

redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). 

Any redactions ordered by the special master will appear in the document posted on the website. 
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Respondent denies that petitioner suffered ADEM, MS, or any other injury 

that was caused-in-fact by her January 6, 2012 hepatitis A vaccination; denies that 

her current disabilities are sequelae of these injuries; and denies that she 

experienced the residual effects of her injuries for more than six months. 

Nevertheless, the parties agree to the joint stipulation, attached hereto as 

Appendix A. The undersigned finds said stipulation reasonable and adopts it as the 

decision of the Court in awarding damages, on the terms set forth therein. 

 

Damages awarded in that stipulation include: 

A lump sum payment of $200,000.00 in the form of a check payable to 

petitioner, Samantha Silvestri. This amount represents compensation 

for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, 

the clerk is directed to enter judgment in case 14-666V according to this decision 

and the attached stipulation.2

 

Any questions may be directed to my law clerk, Shannon Proctor, at (202) 

357-6360. 

 

IT IS SO ORDERED. 

 

 s/Christian J. Moran

Christian J. Moran

 Special Master

 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

SAMANTHA SILVESTRI, 

Petitioner, 

V. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

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No. \4-666V 

Special Master Christian J. Moran 

ECF 

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STIPULATION 

The parties hereby stipulate to the fo llowing matters: 

I. Samantha Silvestri ("petitioner") filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Progra~ 42 U.S.C. § 300aa-I 0 to 34 (the "Vaccine 

Program"). 1 The petition seeks compensation for injuries allegedly related to petitioner's 

receipt of the hepatitis A vaccine, which vaccine is contained in the Vaccine Injury Table (the 

"Table"), 42 C.F .R. § I 00.3(a). 

2. Petitioner received her hepatitis A vaccination on January 6, 20 12. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that she suffered acute disseminated encephalomyelitis ("ADEM") 

and multiple sclerosis ("MS") as a result of her hepatitis A vaccination. She further alleges that 

she experienced symptoms of these injuries for more than six months. 

5. Petitioner represents that there has been no prior award or settlement of a civi I action 

1 The petition was originally filed on petitioner's behalf by her parents, Carl and Susan Silvestri. 

After petitioner reached the age of majority, petitioner was substituted as the sole petitioner herein. 

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for damages as a result of her alleged injuries. 

6. Respondent denies that petitioner suffered ADEM, MS, or any other inj ury that was 

caused-in-fact by her January 6, 201 2 hepatitis A vaccination; denies that her current disabilities 

are sequelae o f these injuries; and denies that she experienced the residual effects of her injuries 

for more than six months. 

7. Maintaining their above-stated positions, the parties nevertheless now agree that the 

issues between them sha ll 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 o f j udgment reflecting a decision consistent 

with the terms of this Stipulation, and after petitioner has tiled an election to receive 

compensation pursuant to 42 U.S.C. § 300aa-2 1(a)( 1 ), the Secretary of Health and Human 

Services will issue a lump sum payment of $200,000.00 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-l 5(a). 

9. As soon as practicable after the entry of j udgment on entitlement in this case, and 

after petitioner has fil ed both a proper and timely election to receive compensation pursuant to 

42 U.S.C. § 300aa-2 I (a)(\ ), and an application, the parties will submit to further proceedings 

before the special master to award reasonabl e attorneys' fees and costs incurred in proceeding 

upon this petition. 

l O. 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 primaril y liable 

under 42 U.S.C. § 300aa- 15(g), to the extent that payment has been made or can reasonably be 

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expected to be made under any State compensation programs, insurance policies, Federal or 

State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. 

§ 1396 ct seq.)), or by entities that provide health services on a pre-paid basis. 

I I. 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- I 5(i), subject 

to the availability of sufficient statutory funds. 

12. The parties and their attorneys further agree and stipulate that, except for any award 

fo r attorneys' fees and litigation costs and past unrcimbursed expenses, the money provided 

pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemp lated by a 

strict construction of 42 U.S.C. § 300aa- I 5(a) and (d), and subject to the conditions of 42 U.S.C. 

§ 300aa- I 5(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, 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-I 0 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, the hepatitis A vaccine administered on January 6, 201 2, as 

all eged by petitioner in a petition for vaccine compensation filed on or about July 29, 20 14, in 

the United States Court of Federal Claims as petition No. 14-666V. 

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14. If petitioner should die prior to entry of judgment, th is agreement shall be voidable 

upon proper notice to the Court on behalfof cithcr 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 al the sole discretion of either party. 

16. This Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed under the Nati onal 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 th is 

stipulation may refl ect 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 hepatitis A vaccine caused petitioner's alleged 

injuries, or any other injury, or that her current disabilities are sequelae of her all eged injuries. 

18. All rights and obligations of petitioner hereunder shal I apply equally to petitioner's 

heirs, executors, administrators, successors, and/or assigns. 

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END OF STIPULA TJON 

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Respectfully submitted, 

PETITIONER: 

ATTORNEY OF RECORD FOR 

PETITIONER: 

fdnal d f /l(Jl}<Jt ~ ;11Ntb 'lh_ [}u1t/s 

RONALD C. HOMR /!MJ.fS? fc}f~) Attorney for Petitioner 

CONWAY, HOMER & CHIN-CAPLAN, P.C. 

16 Shawmut Street 

Boston, MA 02 l 16 

(617) 695-1990 

AUTHORIZED REPRESENTATIVE 

OF THE SEC RE Y OF HEAL TH 

AND HUM R CES: 

AlR, M.D. 

Acting Director, Division of Injury 

Comp ~ti n Programs 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Parklawn Buildi ng, Mail Stop 08N146B 

Rockville, MD 2085 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

!NE E. REEVES 

Acting Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0 146 

ATTORNF.Y OF RECORD FOR 

RESPONDENT: 

~kh'1---P(~ HEATHER L. PEARLMAN 

Assistant Director 

5 

Torts Branch 

Civil Division 

U.S. Oep-.irtment of J113ticc 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 353-2699