VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00849
Package ID: USCOURTS-cofc-1_14-vv-00849
Petitioner: Mary H. Dahl
Filed: 2014-12-03
Decided: 2015-05-15
Vaccine: influenza
Vaccination date: 2012-11-23
Condition: shoulder injury related to administration of a vaccine (“SIRVA”)
Outcome: compensated
Award amount USD: 21581

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00849-0
Date issued/filed: 2014-12-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2014) regarding 12 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00849-UNJ Document 14 Filed 12/29/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-849V
Filed: December 3, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARY H. DAHL, *
*
Petitioner, * Ruling on Entitlement; Concession
v. * Cause-in-fact; Influenza; SIRVA
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On September 15, 2014, Mary Dahl filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. Petitioner alleged that she suffered a shoulder injury
related to administration of a vaccine (“SIRVA”) as a result of an influenza vaccination
she received on November 23, 2012. (Petition at 1.) The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 3, 2014, respondent filed her Rule 4(c) report [“Res. Report”], in
which she concedes that petitioner is entitled to compensation in this case. (Res.
Report at 4.) Specifically, respondent indicates that “petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration.” (Id.) Respondent
also agrees that petitioner’s injury lasted for more than 6 months and that “based on the
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the act.” (Id.)
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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, I agree that the identified material fits within this definition, I 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 (2006).

Case 1:14-vv-00849-UNJ Document 14 Filed 12/29/14 Page 2 of 2
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00849-1
Date issued/filed: 2015-05-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/24/2015) regarding 24 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00849-UNJ Document 29 Filed 05/15/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-849V
Filed: April 24, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARY H. DAHL, *
*
Petitioner, * Attorney Fees and Costs;
v. * Stipulation
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Heather Lynn Pearlman, United States Department of Justice, Washington, DC, for
respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Special Master:
On September 15, 2014, Mary Dahl (“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” or “Program”]. Petitioner alleged that, as a result of receiving
an influenza vaccine on November 23, 2012, she suffered a shoulder injury the residual
effects of which lasted more than six months. (See Petition at 1-2 (ECF No. 1).) On
April 22, 2015, I issued a decision awarding compensation to petitioner based on a
proffer filed by respondent.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§
300aa-1 to -34 (2006).

Case 1:14-vv-00849-UNJ Document 29 Filed 05/15/15 Page 2 of 2
On April 24, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. (ECF No. 23.) According to the stipulation, the parties agree upon a
total award of attorneys’ fees and costs to petitioner in the amount of $21,581.81. (Id.)
In accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses. (Id.)
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $21,581.813 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel M. Clay Ragsdale.
The clerk of the court shall enter judgment in accordance herewith. 4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.