Jerry D. Keller v. HHS - Influenza, injection-site abscess (2025)

On September 24, 2019, Jerry D. Keller filed a petition alleging that an influenza vaccination administered on October 3, 2018 caused an injection-site abscess.

The case was one of a group of petitions arising from a Kentucky mobile vaccination provider and was related to litigation issues addressed in the Silvers proceedings. The public dismissal decision focuses on jurisdiction and proof rather than a detailed medical timeline.

Respondent recommended denial, arguing that the court lacked subject-matter jurisdiction because of a pending civil action when the petition was transferred and that the record did not establish the Vaccine Act severity requirement. Mr.

Keller did not file an expert report. On August 29, 2025, Mr.

Keller moved to dismiss, stating that he understood the case would be dismissed with prejudice and indicating that he wished to protect his civil-action rights. Chief Special Master Brian H.

Corcoran dismissed the petition with prejudice on September 5, 2025. No compensation was awarded.

Mr. Keller was represented by John J.

Patterson of Luxon Patterson & Himes.