VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01024 Package ID: USCOURTS-cofc-1_20-vv-01024 Petitioner: Julie Dahlgard Filed: 2020-08-17 Decided: 2022-12-05 Vaccine: HPV Vaccination date: 2019-05-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 79889 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01024-0 Date issued/filed: 2022-03-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/26/2022) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01024-UNJ Document 26 Filed 03/03/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1024V UNPUBLISHED JULIE DAHLGARD, Chief Special Master Corcoran Petitioner, Filed: January 26, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Human Papillomavirus (HPV) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 17, 2020, Julie Dahlgard 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 suffered a shoulder injury related to vaccine administration (SIRVA) resulting from the adverse effects of the HPV vaccination she received on May 21, 2019. Petition at 1. Petitioner further alleges that she received the vaccination in the United States, her vaccine-related injuries have lasted more than six months, and neither Petitioner, nor any other party, has ever brought an action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injuries. Petition at 1, 3-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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). This means the Ruling will be available to anyone with access to the internet. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01024-UNJ Document 26 Filed 03/03/22 Page 2 of 2 On December 28, 2021, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Respondent found that Petitioner’s injury is consistent with SIRVA. Specifically, Respondent determined that “[P]etitioner had no history of pain, inflammation or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms.” Id. at 6. Respondent concluded that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. Respondent further agreed that scope of damages to be awarded is limited to Petitioner’s SIRVA and its related sequelae only. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01024-1 Date issued/filed: 2022-12-05 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/31/2022) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01024-UNJ Document 43 Filed 12/05/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1024V UNPUBLISHED JULIE DAHLGARD, Chief Special Master Corcoran Petitioner, Filed: October 31, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Human Papillomavirus (HPV) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 17, 2020, Julie Dahlgard 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 suffered a shoulder injury related to vaccine administration (SIRVA) resulting from the adverse effects of the HPV vaccination she received on May 21, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 26, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On October 31, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $79,889.82, including $75,000.00 in pain and suffering and $4,889.82 for past unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required 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). This means the Decision will be available to anyone with access to the internet. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01024-UNJ Document 43 Filed 12/05/22 Page 2 of 5 proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $79,889.82, including $75,000.00 in pain and suffering and $4,889.82 for past unreimbursable expenses, in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:20-vv-01024-UNJ Document 43 Filed 12/05/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) JULIE DAHLGARD, ) ) Petitioner, ) No. 20-1024V (ECF) ) Chief Special Master Brian H. Corcoran v. ) ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 17, 2020, Julie Dahlgard (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a human papillomavirus (“HPV”) vaccination that she received on May 21, 2019. Petition at 1. On December 28, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 21. On January 26, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 23. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-01024-UNJ Document 43 Filed 12/05/22 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $4,889.82. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $79,889.82, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Julie Dahlgard: $79,889.82 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:20-vv-01024-UNJ Document 43 Filed 12/05/22 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202)616-3662 Rachelle.P.Bishop@usdoj.gov Dated: October 31, 2022 3