L.C. Hogan v. HHS - Influenza, adhesive capsulitis (2019)

L.C. Hogan filed a petition for compensation under the National Vaccine Injury Compensation Program on January 17, 2018, alleging that he suffered adhesive capsulitis, a shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccine received on November 8, 2016.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2018, conceding that the petitioner suffered a Table injury and met the statutory requirements for compensation. The respondent stated that the petitioner's condition was a right shoulder injury related to vaccine administration (SIRVA), that no other causes were identified, and that the condition persisted for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 17, 2018, finding L.C. Hogan entitled to compensation.

Subsequently, on December 19, 2018, the respondent filed a proffer on award of damages, proposing a lump sum payment of $62,500.00. The petitioner agreed with this proposed award.

Chief Special Master Nora Beth Dorsey issued a decision on February 6, 2019, awarding L.C. Hogan $62,500.00 in compensation, representing a lump sum payment in the form of a check payable to L.C.

Hogan, for all damages available under the Act. Petitioner was represented by Jerome A.

Konkel of Samster, Konkel & Safran, S.C., and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.