Kiley Logan v. HHS - Influenza, right shoulder injury related to vaccine administration (2022)
Case summary [AI summaries can sometimes make mistakes]
Kiley Logan filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 7, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 7, 2021, conceding that Petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 8, 2021, finding Petitioner entitled to compensation.
Subsequently, on January 27, 2022, the respondent filed a proffer on an award of compensation, to which Petitioner agreed. On March 3, 2022, Chief Special Master Corcoran issued a decision on damages, awarding Kiley Logan a lump sum payment of $58,933.07.
This award consisted of $57,500.00 for pain and suffering and $1,433.07 for past unreimbursable expenses. Petitioner was represented by Zachary Hermsen of Whitfield & Eddy Law, and respondent was represented by Lynn Christina Schlie and later Lauren Kells of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA Table injury.
Theory of causation
Kiley Logan filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 7, 2019. The respondent conceded that the claim met the Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 8, 2021, finding Petitioner entitled to compensation. A subsequent proffer on award of compensation, agreed to by Petitioner, was filed on January 27, 2022. The decision on damages, issued by Chief Special Master Corcoran on March 3, 2022, awarded a lump sum of $58,933.07, comprising $57,500.00 for pain and suffering and $1,433.07 for past unreimbursable expenses. Petitioner was represented by Zachary Hermsen, and respondent was represented by Lynn Christina Schlie and Lauren Kells. The theory of causation relies on the Vaccine Injury Table criteria for SIRVA, with no specific medical experts or detailed mechanism described in the public text.
Source PDFs
USCOURTS-cofc-1_20-vv-00699