VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00626
Package ID: USCOURTS-cofc-1_21-vv-00626
Petitioner: Heather Hogan
Filed: 2021-01-12
Decided: 2022-10-18
Vaccine: influenza
Vaccination date: 2019-10-22
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 77677

AI-assisted case summary:
Heather Hogan filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging that she suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her October 22, 2019 influenza vaccine. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement. Respondent conceded entitlement to compensation, agreeing that her claim met the Table criteria for SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the vaccinated shoulder, and no other condition explaining her symptoms. The ruling on entitlement was issued on June 30, 2022. Subsequently, on September 8, 2022, Respondent filed a proffer on award of compensation, proposing $75,000.00 for pain and suffering and $2,677.33 for unreimbursable expenses, which Petitioner agreed to. Based on this agreement, a decision awarding damages was issued on October 18, 2022, granting a total lump sum payment of $77,677.33.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00626-0
Date issued/filed: 2022-08-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2022) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00626-UNJ Document 35 Filed 08/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-626V
UNPUBLISHED
HEATHER HOGAN, Chief Special Master Corcoran
Petitioner, Filed: June 30, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Heather Hogan 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 she suffered a Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of her October 22, 2019
influenza (“flu”) vaccine. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she suffered the residual effects of her injury
for more than six months, and that there has been no prior award or settlement of a civil
action on her behalf as a result of her injury. Petition at ¶¶ 2, 10-12. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling 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 Ruling 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, 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 1:21-vv-00626-UNJ Document 35 Filed 08/01/22 Page 2 of 2
On June 27, 2022, 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 indicates that
[m]edical personnel at the DICP [Division of Injury Compensation
Programs, Department of Health and Human Services] have reviewed the
facts of this case and concluded that petitioner’s claim meets the Table
criteria for SIRVA. Specifically, petitioner had no apparent recent history of
pain, inflammation or dysfunction of the affected shoulder prior to
intramuscular vaccine administration that would explain the alleged signs,
symptoms, examination findings, and/or diagnostic studies occurring after
vaccine injection; she more likely than not suffered the onset of pain within
forty-eight hours of vaccine administration; her pain and reduced range of
motion were limited to the shoulder in which the intramuscular vaccine was
administered; and there is no other condition or abnormality present that
would explain petitioner’s symptoms. 42 C.F.R. § 100.3(a)(XIV)(B), (c)(10).
Id. at 5. Respondent further agrees that “the records show that the case was timely filed,
that the vaccine was received in the United States, and that petitioner satisfies the
statutory severity requirement by suffering the residual effects or complications of her
injury for more than six months after vaccine administration.” Id. (citing 42 U.S.C. §§
300aa-11(c)(1)(D)).
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_21-vv-00626-1
Date issued/filed: 2022-10-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/09/2022) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00626-UNJ Document 42 Filed 10/18/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-626V
UNPUBLISHED
HEATHER HOGAN, Chief Special Master Corcoran
Petitioner, Filed: September 9, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
January 12, 2021, Heather Hogan filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). she suffered a Table injury – Shoulder Injury Related to Vaccine
Administration (“SIRVA”) – as a result of her October 22, 2019 influenza (“flu”) vaccine.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 30, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On September 8, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00 for pain and
suffering, and unreimbursable expenses in the amount of $2,677.33. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
1 Because this unpublished Decision 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 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, 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 1:21-vv-00626-UNJ Document 42 Filed 10/18/22 Page 2 of 5
Based on the record as a whole, I find that Petitioner is entitled to an award as stated in
the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $77,677.33 (representing $75,000.00 for pain and suffering and
unreimbursable expenses of $2,677.33) in the form of a check payable to Petitioner.
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 1:21-vv-00626-UNJ Document 42 Filed 10/18/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
HEATHER HOGAN, )
)
Petitioner, )
) No. 21-626V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 27, 2022, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. ECF No. 31. On June 30, 2022, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”) and related
sequela. ECF No. 32.
I. Amount of Compensation
A. Pain and Suffering
Respondent now proffers that, based on the Chief Special Master’s entitlement decision
and the evidence of record, petitioner should be awarded $75,000.00 for pain and suffering. See
42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past and Future 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

Case 1:21-vv-00626-UNJ Document 42 Filed 10/18/22 Page 4 of 5
awarded unreimbursable expenses in the amount of $2,677.33. See 42 U.S.C. §§ 300aa-
15(a)(1)(A),(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
Respondent recommends that the compensation provided to petitioner should be made as
described below, and requests that the Chief Special Master’s damages decision and the Court’s
judgment award the following: 1
A. A lump sum of $77,677.33, in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant 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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:21-vv-00626-UNJ Document 42 Filed 10/18/22 Page 5 of 5
/s/ Kyle E. Pozza_____________
KYLE E. POZZA
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) 616-3661
E-mail: Kyle.Pozza@usdoj.gov
Dated: September 8, 2022
3