April Keen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

April Keen filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on September 23, 2020, and that she experienced residual effects of this injury for more than six months.

The respondent, the Secretary of Health and Human Services, initially contested the claim. However, following a fact ruling on June 18, 2024, which found that Petitioner suffered the residual effects of her injury for at least six months post-vaccination, the respondent filed an amended Rule 4(c) report on August 30, 2024.

In this report, the respondent conceded that Petitioner met the criteria for SIRVA as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation under the Act. On September 4, 2024, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, on December 12, 2024, the parties submitted a Proffer on award of compensation.

The respondent proffered that Petitioner should be awarded $75,000.00 in pain and suffering, representing compensation for all damages available under Section 15(a) of the Act, and Petitioner agreed with this amount. On December 12, 2024, Chief Special Master Brian H.

Corcoran issued a Decision awarding Petitioner a lump sum payment of $75,000.00 in pain and suffering, in the form of a check payable to Petitioner. Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Camille Jordan Webster of the U.S.

Department of Justice.