Hilda Almanzar v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)

Hilda Almanzar, a 57-year-old property manager, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 16, 2016. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 9, 2014.

The case was assigned to the Special Processing Unit. On April 20, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding that Ms.

Almanzar was entitled to compensation. A fact hearing was held on December 5, 2017, where Ms.

Almanzar testified. The Special Master found that the onset of petitioner's symptoms occurred within 48 hours of the vaccination, that she had no prior history of right shoulder pain or dysfunction, that the pain and reduced range of motion were limited to the right shoulder where the vaccine was administered, and that no other condition explained her symptoms.

These findings established a clinical course consistent with SIRVA. The Special Master also found a proximate temporal relationship between the vaccination and the injury.

On July 3, 2018, the respondent filed a proffer on the award of compensation, indicating that Ms. Almanzar should be awarded $126,969.01 and that petitioner agreed with this amount.

On July 3, 2018, Chief Special Master Dorsey issued a decision awarding Ms. Almanzar a lump sum payment of $126,969.01, representing compensation for all damages available under the Vaccine Act.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice.