Mary H. Dahl v. HHS - Influenza, shoulder injury related to administration of a vaccine (“SIRVA”) (2015)

Filed 2014-12-03Decided 2015-05-15Vaccine Influenza
compensated$21,581

Case summary [AI summaries can sometimes make mistakes]

Mary H. Dahl filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2014.

She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 23, 2012. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms.

Dahl's alleged injury was consistent with SIRVA, that the injury lasted for more than six months, and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell found that Ms.

Dahl was entitled to compensation. Subsequently, on April 24, 2015, the parties filed a stipulation for attorneys' fees and costs.

The stipulation agreed upon a total award of $21,581.81, jointly payable to petitioner Mary H. Dahl and her counsel, Milton Clay Ragsdale, IV of Ragsdale LLC.

The Special Master found this amount to be reasonable and awarded it as a lump sum. Petitioner was represented by Milton Clay Ragsdale, IV, and respondent was represented by Heather Lynn Pearlman.

The decision on entitlement was issued on December 29, 2014, and the decision on attorneys' fees and costs was issued on May 15, 2015.

Theory of causation

Petitioner Mary H. Dahl alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 23, 2012. The respondent conceded that the alleged injury was consistent with SIRVA, lasted more than six months, and that petitioner met all legal prerequisites for compensation. The case proceeded based on this concession. Chief Special Master Denise Kathryn Vowell ruled on entitlement on December 29, 2014. A subsequent stipulation for attorneys' fees and costs was filed on April 24, 2015, agreeing to a total award of $21,581.81, jointly payable to petitioner and her counsel, M. Clay Ragsdale. The Special Master awarded this amount on May 15, 2015. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, or expert testimony were not described in the provided public text. The theory of causation was based on the respondent's concession and the "Table" for SIRVA.

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