Tiffany Dagen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Tiffany Dagen filed a petition for compensation under the National Vaccine Injury Compensation Program on March 26, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza (flu) vaccine and a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 1, 2017. Ms.

Dagen, who was 44 years old at the time of vaccination, reported experiencing severe pain and limited arm movement within hours of receiving the injections. Her condition persisted for several months, impacting her daily activities, sleep, and recreational pursuits.

She underwent various treatments, including physical therapy, prednisone, and steroid injections. The respondent conceded entitlement to compensation, agreeing that Ms.

Dagen's claim met the Table criteria for SIRVA and that she had no prior condition that would explain her symptoms. The case then proceeded to determine damages.

Ms. Dagen sought $82,080.14, comprising $80,000.00 for pain and suffering and $2,080.14 for unreimbursable medical expenses.

The respondent argued for an award of $57,500.00 for pain and suffering, plus the agreed-upon medical expenses. Chief Special Master Brian H.

Corcoran issued a decision on December 26, 2019, awarding Ms. Dagen a total of $67,080.14.

This award included $65,000.00 for actual pain and suffering and $2,080.14 for unreimbursable medical expenses. The decision noted that Ms.

Dagen's injury course and duration aligned with SIRVA cases that received below-median awards for pain and suffering. The initial ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on April 1, 2019, conceding entitlement based on the respondent's report.

Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Christine Mary Becer of the U.S. Department of Justice.