VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00484
Package ID: USCOURTS-cofc-1_15-vv-00484
Petitioner: Logan Osberg
Filed: 2015-05-12
Decided: 2016-09-23
Vaccine: influenza
Vaccination date: 2014-11-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105382

AI-assisted case summary:
Logan Osberg filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on November 13, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Osberg was entitled to compensation for his left shoulder injury. The respondent concluded that the injury was compensable as a 'caused-in-fact' injury and that all statutory and jurisdictional requirements had been met. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Osberg entitled to compensation. Subsequently, the parties filed a joint stipulation for damages, agreeing to an award of $90,000.00 for the injury and $15,382.58 for attorneys' fees and costs. The court awarded a total of $105,382.58, with $90,000.00 payable to Mr. Osberg and $15,382.58 payable to Mr. Osberg and his counsel.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00484-0
Date issued/filed: 2016-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/29/2016) regarding 25 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00484-UNJ Document 29 Filed 05/04/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-484V
Filed: January 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LOGAN OSBERG, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Attorneys’
AND HUMAN SERVICES, * Fees and Costs Decision Based on
* Joint Stipulation; Special Processing
Respondent. * Unit (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION AND ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On May 12, 2015, 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 alleged that he suffered a vaccine-related injury described as a
shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza
(“flu”) vaccine he received on November 13, 2014. Petition at 1; see also Stipulation
filed Jan. 29, 2016, at ¶¶ 2, 4. Petitioner further alleged that he has suffered the
residual effects of his injury for more than six months and no civil action has been
brought nor settlement awarded in a civil action for his vaccine-related injury. Petition,
at ¶¶ 11, 13; see also Stipulation, at ¶¶ 5, 7. On September 18, 2015, a ruling on
entitlement was issued, finding petitioner entitled to compensation for his injury.
On January 29, 2016, the parties filed the attached joint stipulation, stating that a
decision should be entered awarding compensation in the amount of $90,000.00.
1 Because this unpublished decision 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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 1:15-vv-00484-UNJ Document 29 Filed 05/04/16 Page 2 of 7
Stipulation, at ¶ 9. The stipulation also included an award of attorneys’ fees and costs
in the amount of $15,382.58. Id. In accordance with General Order #9, petitioner’s
counsel asserts that petitioner incurred no out-of-pocket expenses. Id.
The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300
aa-15(e). I find the proposed total amount of $15,382.58 to be reasonable.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards petitioner a payment of $105,382.58 as follows:
1. A lump sum of $90,000.00, in the form of a check payable to petitioner.
This amount represents compensation for all items of damages that would be
available under 42 U.S.C. § 300aa-15(a). Id.
2. A lump sum of $15,382.58, in the form of a check payable to petitioner
and petitioner’s counsel, Andrew Downing.
The undersigned approves the requested amount for petitioner’s compensation
and attorney’s fees and costs. In the absence of a motion for review filed pursuant to
RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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

CCaassee 11::1155--vvvv--0000448844--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0015//2094//1166 PPaaggee 13 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00484-1
Date issued/filed: 2016-09-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/15/2015) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00484-UNJ Document 30 Filed 09/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0484V
Filed: September 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LOGAN OSBERG, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza or Flu Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Justine Walters, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 12, 2015, Logan Osberg filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that he suffered a shoulder injury related
to vaccine administration (SIRVA) caused by the influenza vaccine he received in his
left arm on November 13, 2014. Petition at 1. Petitioner further alleges that he
continues to suffer the residual effects of his injury. Id., ¶¶ 10-11. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 18, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner “is entitled to compensation for the left shoulder injury he
sustained following his receipt of the flu vaccination on November 13, 2014.”
Respondent’s Rule 4(c) Report at 1. “[R]espondent has concluded that petitioner’s left
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:15-vv-00484-UNJ Document 30 Filed 09/23/16 Page 2 of 2
shoulder injury is compensable as a ‘caused-in-fact’ injury under the Act.” Id. at 4.
Furthermore, respondent agrees that all statutory and jurisdictional requirements have
been met. Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2