Holly Dlouhy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Holly Dlouhy filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2016. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 9, 2014.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on April 28, 2017, conceding that Ms. Dlouhy is entitled to compensation.
Respondent's medical personnel agreed that her alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine. No other causes for the injury were identified.
Ms. Dlouhy's medical records demonstrated satisfaction of the statutory six-month sequela requirement.
Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found that Ms. Dlouhy is entitled to compensation.
The case was proceeding to determine the award amount. Ronald C.
Homer represented the petitioner, and Claudia B. Gangi represented the respondent.
The decision was issued on December 11, 2017.
Theory of causation
Petitioner Holly Dlouhy alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 9, 2014. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and caused in fact by the flu vaccine. No other causes were identified. Petitioner's medical records satisfied the six-month sequela requirement. The Chief Special Master, Nora Beth Dorsey, found entitlement based on the concession and record evidence. This was an off-Table theory. The case was proceeding to determine the award amount. Petitioner counsel was Ronald C. Homer; respondent counsel was Claudia B. Gangi. The ruling on entitlement was issued on April 28, 2017, and the final decision date was December 11, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00987