In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1152V

Filed: July 24, 2019

UNPUBLISHED

CARMEN MURILLO,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injuries; 

Adhesive Capsulitis

Daniel R. Seidman, Seidman Margulis & Fairman, LLP, Belleville, IL, for petitioner.

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On August 25, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

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(the 

“Vaccine Act”). Petitioner alleges that she suffered injuries to her left shoulder, 

including adhesive capsulitis, as a result of an October 18, 2015 influenza (“flu”) 

vaccination. Petition at 1; Stipulation, filed July 24, 2019, at ¶¶ 1-4. Petitioner further 

alleges that the vaccine was administered within the United States, that she suffered the

residual effects of this injury for more than six months, and that there has been no prior 

award or settlement of a civil action for damages on her behalf as a result of her alleged 

vaccine injury. Petition at 1-8; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner 

sustained adhesive capsulitis or any other injury or her current condition as a result of 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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).

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).
2

the vaccine, and further denies that petitioner sustained a Table injury. ” Stipulation at

¶ 6. 

Nevertheless, on July 24, 2019, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. The undersigned 

finds the stipulation reasonable and adopts it as the decision of the Court in awarding 

damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $35,000.00 in the form of a check payable to petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all items of 

damages that would be available under § 15(a). Id. 

The undersigned approves the requested amount for petitioner’s compensation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, 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.
IN THE UNITED STATES COURT OF FEDERAL. CLAIMS 

OFFICE OF SPECIAL MASTERS 

CARMEN MURILLO, 

Petitioner, 

V. 

SECRETARY OF HEALTH 

AND HUMAN SER VICES, 

Respondent. 

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No. t7-t152V 

Chief Special Master 

Nora Beth Dorsey/SPU 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Carmen Murillo, petitioner, filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine 

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

of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the 

"Table"), 42 C.F.R. § I 00.3(a). 

2. Petitioner received a flu vaccine on or about October 18, 2015. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that she suffered injuries including adhesive capsulitis that were 

caused in fact by the flu vaccine. Alternatively, petitioner alleges that she sustained a Table 

injury resulting in adhesive capsulitis. Petitioner further alleges that she suffered the residual 

effects of this injury for more than six months. 

5. 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 vaccine injury. 
6. Respondent denies that petitioner sustained adhesive capsulitis or any other injury or 

her current cor1dition as a result of the vaccine, and further denies that petitioner sustained a 

Table injury. 

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

issues between them shall 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 of judgment reflecting a decision consistent whh 

the terms of this Stipulation, and after petitioner has filed an election to receive compensation 

pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment: 

A lump sum of $35,000.00 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 S(a). 

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

petitioner has filed both a proper and timely election to receive compensation pursuant to 42 

U.S.C. § 300aa-2 t (a)(I ). and an application, the parties wiJI submit to further proceedings before 

the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this 

petition. 

I 0. Petitioner and her attorney represent that they have identified to respondent al I known 

sources of payment for items or services for which the Program is not primarily liable under 42 

U.S.C. § 300aa-15(g), Including 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 

et seq.)}, or entities that provide health services on a pre-paid basis. 

11 . 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-l 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 

for attorney's fees and litigation costs, the money provided pursuant to this Stipulation will be 

used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 

300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(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 or 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-lO 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 flu vaccination administered on October 18, 2015, as 

alleged by petitioner in a petition for vaccine compensation filed on or about August 25, 2017, in 

the United States Court of Federal Claims as petition No. I 7-1152V. 

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

upon proper notice to the Court on behalf of either 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 at the sole discretion of either party. 

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

damages claimed under the National 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 furthe~ agree and understand that the award described in this 

Stipulation may reflect 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 flu vaccine caused petitioner's adhesive 

capsulitis or any other injury or her current condition. 

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

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

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END OF STIPULATION 
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Respectfully submitted, 

ATTORNEY OF RECORD FOR 

PETJTlONER: 

DAN !BL R.Sfl!J>f.•1AN 

Seidman Margulis & Pairmlln, LLP 

110 W. Main $treet 

Suite 110 . 

Belleville, II.. 622.20 

(618) 235• 7622 

AUTHORIZED REPRESENTATIVE OF 

THE SECRETARY OF HEALTH AND 

HUMAN SERVICES: 

WetAd Stt~~ r;t_'l; 

TAMARA OVER.BY 

Aoting Direetor, Diviaion of Jnjury 

Compensation Programs 

Healthcare Sy&tems Bure11u 

Health Re.wurces and Scrviees Adminlatration 

U.S. Department of Health and Human Services 

5600 r'ishers Lane 

Parklawn Building, Mail Stop 08N 146B 

Rockville, MO 20857 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENtRAL: 

'RJNE E. REEVES 

Deputy Director 

Torts Draneh 

Civil Division 

U, S. Oeparbnent af Justice 

P. 0. Box 146 

Be,tjamln Franklin Station 

Washington, D.C. 20044.0146 

A ITORNEY OF RECORD FOR 

RESPONDENT: 

Senior Trial 

!~ Counsel 

Torts Branch 

Civll Division 

U.S. Department of Justice 

P.O. Box 146 

Btnjamin Franklin Stntion 

Wash ington, DC 20044-0146 

(202) 616-051 S