VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00082
Package ID: USCOURTS-cofc-1_18-vv-00082
Petitioner: L.C. Hogan
Filed: 2018-10-17
Decided: 2019-02-06
Vaccine: influenza
Vaccination date: 2016-11-08
Condition: adhesive capsulitis
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
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.

Theory of causation field:
Petitioner L.C. Hogan alleged 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 conceded that petitioner suffered a Table injury, specifically SIRVA, and met the statutory requirements for compensation, including the condition lasting more than six months. The respondent did not identify any other causes for the petitioner's condition. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 17, 2018, finding petitioner entitled to compensation. On December 19, 2018, respondent proffered an award of $62,500.00, which petitioner accepted. Chief Special Master Dorsey awarded $62,500.00 as a lump sum payment on February 6, 2019. Petitioner was represented by Jerome A. Konkel, and respondent was represented by Voris Edward Johnson. The specific mechanism of injury and expert testimony are not detailed in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00082-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/2018) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00082-UNJ Document 26 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0082V
Filed: October 17, 2018
UNPUBLISHED
L.C. HOGAN,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH Administration (SIRVA)
AND HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 17, 2018, L.C. Hogan (“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 alleges that he suffered adhesive capsulitis as a
result of an influenza (“flu”) vaccine he received on November 8, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 17, 2018, 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. Specifically, respondent states that “[b]ased on their review, DICP concluded that
petitioner suffered a Table injury, specifically a right shoulder injury related to vaccine
administration (‘SIRVA’). DICP did not identify any other causes for petitioner’s right
1 Because this unpublished ruling 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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:18-vv-00082-UNJ Document 26 Filed 12/12/18 Page 2 of 2
SIRVA, and based on the medical records outlined above, petitioner met the statutory
requirements by suffering the condition for more than six months.” Id. at 5-6.
Respondent further states that “based on the record as it now stands, compensation is
appropriate, as petitioner has satisfied all legal prerequisites for compensation under
the Act.” Id. at 6.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00082-1
Date issued/filed: 2019-02-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/19/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00082-UNJ Document 34 Filed 02/06/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0082V
Filed: December 19, 2018
UNPUBLISHED
L.C. HOGAN,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 17, 2018, L.C. Hogan (“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 alleges that he suffered a shoulder injury related to
vaccine administration (“SIRVA”), including adhesive capsulitis, as a result of an
influenza (“flu”) vaccine he received on November 8, 2016. Petition at 3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 17, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On December 19, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is 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).
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 1:18-vv-00082-UNJ Document 34 Filed 02/06/19 Page 2 of 4
$62,500.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $62,500.00, in the form of a check payable to
petitioner, L.C. Hogan. This amount represents compensation for all damages that
would be available under § 15(a).
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

Case 1:18-vv-00082-UNJ Document 34 Filed 02/06/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
L.C. HOGAN, )
)
Petitioner, )
) No. 18-82V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On October 17, 2018, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter. The same day, the Court
entered its Ruling on Entitlement, finding petitioner L.C. Hogan entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $62,500.00 in the form of a check payable to petitioner, L.C. Hogan.1 This
amount represents compensation for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $62,500.00.3
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:18-vv-00082-UNJ Document 34 Filed 02/06/19 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: December 19, 2018
2