Laura Munilla v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Laura Munilla filed a petition for compensation under the National Vaccine Injury Compensation Program on September 7, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 2, 2013. The case was assigned to the Special Processing Unit.

On March 28, 2017, the respondent filed a Rule 4(c) report conceding that Ms. Munilla was entitled to compensation, concluding that her shoulder injury was caused by the administration of the flu vaccine on November 2, 2013, and that the injury was compensable under the Vaccine Act.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 29, 2017, finding Ms. Munilla entitled to compensation.

Subsequently, on May 11, 2017, the respondent filed a proffer on award of compensation, recommending an award of $90,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The proffer stated that Ms.

Munilla agreed with this award. In a decision dated December 13, 2017, Chief Special Master Dorsey awarded Ms.

Munilla a lump sum payment of $90,000.00, payable by check to her. The decision noted that Ms.

Munilla is a competent adult and did not require evidence of guardianship. The case was processed as a Table claim, and entitlement was granted based on the respondent's concession.

Edward Kraus represented the petitioner, and Lynn Ricciardella represented the respondent.