VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00987
Package ID: USCOURTS-cofc-1_16-vv-00987
Petitioner: Holly Dlouhy
Filed: 2016-08-11
Decided: 2017-12-11
Vaccine: influenza
Vaccination date: 2014-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00987-0
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/28/2017) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00987-UNJ Document 38 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0987V
Filed: April 28, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HOLLY DLOUHY, *
*
Petitioner, * Ruling on Entitlement (Non-Table);
v. * Concession; Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 11, 2016, Holly Dlouhy (“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”). Petitioner alleges that she sustained a shoulder injury related
to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccination she received on
October 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On April 28, 2017, respondent filed a Rule 4(c) Report conceding that petitioner
is entitled to compensation. Rule 4(c) Rep. at 1. Based on the opinion of the medical
personnel at the Division of Injury Compensation Programs, Department of Health and
Human Services (“DICP”), respondent agrees “that petitioner’s alleged injury is
consistent with [SIRVA], and that it was caused in fact by the flu vaccine she received
on October 9, 2014.” Id. at 3. No other causes for petitioner’s injury were identified. Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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).

Case 1:16-vv-00987-UNJ Document 38 Filed 12/11/17 Page 2 of 2
at 3-4. In addition, petitioner’s medical records demonstrate satisfaction of the statutory
six month sequela requirement. Id. at 4. Based on the evidence of record, respondent
believes entitlement to Vaccine Act compensation is appropriate. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2