Julie Dahlgard v. HHS - HPV, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Julie Dahlgard filed a petition under the National Vaccine Injury Compensation Program on August 17, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an HPV vaccination received on May 21, 2019. The petition stated that the vaccination occurred in the United States, the injuries lasted more than six months, and no prior action or compensation had been sought for these injuries.
The case was assigned to the Special Processing Unit. On December 28, 2021, the respondent filed a Rule 4(c) report conceding that Ms.
Dahlgard was entitled to compensation. The respondent determined that her injury was consistent with SIRVA, noting she had no prior history of left shoulder pain or dysfunction, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the vaccinated shoulder, and no other condition explained her symptoms.
The respondent concluded that Ms. Dahlgard met all legal prerequisites for compensation and agreed that the scope of damages should be limited to her SIRVA and related sequelae.
On January 26, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.
Dahlgard entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on October 31, 2022, the respondent filed a proffer on award of compensation.
The proffer indicated that Ms. Dahlgard agreed to an award of $79,889.82, comprising $75,000.00 for pain and suffering and $4,889.82 for past unreimbursable expenses.
On December 5, 2022, Chief Special Master Brian H. Corcoran issued a decision awarding Julie Dahlgard the lump sum of $79,889.82, payable by check to her.
Petitioner counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA. Respondent counsel included Kimberly Shubert Davey and Rachelle Bishop from the U.S.
Department of Justice.
Theory of causation
Petitioner Julie Dahlgard filed a petition on August 17, 2020, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an HPV vaccination on May 21, 2019. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and met the Table injury criteria, noting the absence of prior shoulder issues, symptom onset within 48 hours of vaccination, localized symptoms to the vaccinated shoulder, and no alternative explanation. A ruling on entitlement was issued on January 26, 2022, by Chief Special Master Brian H. Corcoran. On October 31, 2022, the respondent filed a proffer agreeing to an award of $79,889.82, which included $75,000.00 for pain and suffering and $4,889.82 for past unreimbursable expenses. Petitioner agreed to this award. On December 5, 2022, Chief Special Master Brian H. Corcoran issued a decision awarding the lump sum of $79,889.82. Petitioner counsel was Diana Lynn Stadelnikas, and respondent counsel included Kimberly Shubert Davey and Rachelle Bishop.
Source PDFs
USCOURTS-cofc-1_20-vv-01024