VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01111
Package ID: USCOURTS-cofc-1_16-vv-01111
Petitioner: Laura Munilla
Filed: 2017-03-29
Decided: 2017-12-13
Vaccine: influenza
Vaccination date: 2013-11-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Laura Munilla alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 2, 2013. The respondent conceded that the petitioner's shoulder injury was caused by the flu vaccine and was compensable under the Vaccine Act. The case was processed as a Table claim. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 29, 2017, finding entitlement based on the respondent's concession. On May 11, 2017, respondent filed a proffer recommending an award of $90,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a), which petitioner agreed to. Chief Special Master Dorsey awarded the lump sum of $90,000.00 on December 13, 2017. Petitioner was represented by Edward Kraus, and respondent was represented by Lynn Ricciardella.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01111-0
Date issued/filed: 2017-11-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/29/2017) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
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Case 1:16-vv-01111-UNJ Document 37 Filed 11/30/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1111V
Filed: March 29, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURA MUNILLA, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 7, 2016, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination on November 2, 2013.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 28, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent concluded that petitioner’s shoulder injury was caused by
the administration of the flu vaccine on November 2, 2013. Id. at 5. Respondent further
agrees that petitioner’s left shoulder injury is compensable under the Vaccine Act. Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-01111-UNJ Document 37 Filed 11/30/17 Page 2 of 2
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01111-1
Date issued/filed: 2017-12-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/12/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01111-UNJ Document 38 Filed 12/13/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1111V
Filed: May 12, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURA MUNILLA, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 7, 2016, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination on November 2, 2013.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 29, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On May 11, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $90,000.00. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-01111-UNJ Document 38 Filed 12/13/17 Page 2 of 4
award. Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $90,000.00 in the form of a check payable to
petitioner, Laura Munilla. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 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 1:16-vv-01111-UNJ Document 38 Filed 12/13/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LAURA MUNILLA,
Petitioner,
v.
No. 16-1111V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, petitioner, Laura Munilla,
should be awarded $90,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Laura Munilla should be made
in a lump sum payment as described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following:1
A lump sum payment of $90,000.00 in the form of a check payable to petitioner,
Laura Munilla. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses and future pain and suffering.

Case 1:16-vv-01111-UNJ Document 38 Filed 12/13/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4356
Dated: May 11, 2017
2