Carmen Murillo v. HHS - Influenza, adhesive capsulitis (2019)

Carmen Murillo filed a petition for compensation under the National Vaccine Injury Compensation Program on August 25, 2017, alleging that she suffered injuries to her left shoulder, including adhesive capsulitis, as a result of an influenza vaccination received on October 18, 2015. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement for this alleged vaccine injury.

The respondent denied that Ms. Murillo sustained adhesive capsulitis or any other injury as a result of the vaccine, and further denied that she sustained a "Table injury." Despite these denials, the parties filed a joint stipulation on July 24, 2019, agreeing to settle the issues and award compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Carmen Murillo was awarded a lump sum of $35,000.00, payable by check to petitioner, as compensation for all items of damages available under the Vaccine Act.

This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act. Petitioner was represented by Daniel R.

Seidman of Seidman Margulis & Fairman, LLP, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.

The decision was issued on July 24, 2019.