VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00699
Package ID: USCOURTS-cofc-1_20-vv-00699
Petitioner: Kiley Logan
Filed: 2020-06-09
Decided: 2022-03-03
Vaccine: influenza
Vaccination date: 2019-11-07
Condition: right shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 58933

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00699-0
Date issued/filed: 2021-11-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/08/2021) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00699-UNJ Document 41 Filed 11/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0699V
UNPUBLISHED
KILEY LOGAN, Chief Special Master Corcoran
Petitioner,
v. Filed: October 8, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Prior Findings
of Fact; Concession; Table Injury;
Respondent. Influenza (Flu); Shoulder Injury
Related to Vaccine Administration
(SIRVA).
Zachary Hermsen, Whitfield & Eddy Law, Des Moines, IA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 9, 2020, Kiley Logan 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 she suffered a right shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
November 7, 2019. Petition at 1-2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 7, 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
(ECF No. 38) at 1. Specifically, Respondent concludes that Petitioner’s claim meets the
Table criteria for SIRVA. Id. at 5-6 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
1 Because this unpublished opinion 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 opinion will be available to anyone with access to the internet.
In accordance with Vaccine Rule 18(b), Petitioners have 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-00699-UNJ Document 41 Filed 11/09/21 Page 2 of 2
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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00699-1
Date issued/filed: 2022-03-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/27/2022) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00699-UNJ Document 50 Filed 03/03/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0699V
UNPUBLISHED
KILEY LOGAN, Chief Special Master Corcoran
Petitioner,
v. Filed: January 27, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer;
Concession; Table Injury; Influenza
Respondent. (Flu); Shoulder Injury Related to
Vaccine Administration (SIRVA).
Zachary Hermsen, Whitfield & Eddy Law, Des Moines, IA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 9, 2020, Kiley Logan 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 she suffered a right shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
November 7, 2019. Petition at 1-2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 8, 2021, I issued a ruling that Petitioner was entitled to compensation
for her SIRVA. On January 27, 2022, Respondent filed the attached proffer on an award
of compensation, to which Petitioner agrees. Based on the record as a whole, I find that
Petitioner is entitled to an award as stated in the Proffer.
1 Because this unpublished opinion 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 opinion will be available to anyone with access to the internet.
In accordance with Vaccine Rule 18(b), Petitioners have 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-00699-UNJ Document 50 Filed 03/03/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $58,933.07 (representing $57,500.00 for pain and suffering and
$1,433.07 for past unreimbursable expenses). 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-00699-UNJ Document 50 Filed 03/03/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KILEY LOGAN, )
)
Petitioner, )
) No. 20-699V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 9, 2020, Kiley Logan (“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 an influenza
vaccine she received on November 7, 2019. Petition at 1-2. On October 7, 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, and on
October 8, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 38; ECF No. 39.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00699-UNJ Document 50 Filed 03/03/22 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 $1,433.07. 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 $58,933.07, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kiley Logan: $58,933.07
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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 lost earnings
and future pain and suffering.
2

Case 1:20-vv-00699-UNJ Document 50 Filed 03/03/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: January 27, 2022
3