VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00218
Package ID: USCOURTS-cofc-1_22-vv-00218
Petitioner: April Keen
Filed: 2022-02-25
Decided: 2025-01-13
Vaccine: influenza
Vaccination date: 2020-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
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 January 13, 2025, 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.

Theory of causation field:
Petitioner April Keen alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 23, 2020. The public text indicates that the case was processed under the National Vaccine Injury Compensation Program and that the respondent conceded entitlement based on Petitioner meeting the criteria for SIRVA as defined by the Vaccine Injury Table. The specific medical mechanism, onset, symptoms, diagnostic tests, or treatments are not detailed in the provided public text. The respondent's amended Rule 4(c) report filed on August 30, 2024, conceded entitlement, and Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 4, 2024. A Proffer on award of compensation was filed on December 12, 2024, proposing a $75,000.00 award for pain and suffering, which Petitioner accepted. Chief Special Master Brian H. Corcoran issued a Decision on January 13, 2025, awarding a lump sum of $75,000.00 to Petitioner. Petitioner was represented by David John Carney (Green & Schafle LLC), and Respondent was represented by Camille Jordan Webster (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00218-0
Date issued/filed: 2024-10-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/04/2024) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:22-vv-00218-UNJ Document 32 Filed 10/04/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-218V
APRIL KEEN, Chief Special Master Corcoran
Petitioner, Filed: September 4, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 25, 2022, April Keen (“Petitioner”) 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on September 23, 2020. Pet., ECF No. 1. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 12, 2023, Petitioner filed a motion for ruling on the record. ECF No. 21.
In response, Respondent filed a combined Rule 4(c) report and response to Petitioner’s
motion, arguing compensation should be denied. ECF No. 22. On June 18, 2024, I issued
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:22-vv-00218-UNJ Document 32 Filed 10/04/24 Page 2 of 2
a fact ruling finding that Petitioner suffered the residual effects of her injury for at least six
months post vaccination, as alleged. ECF No. 25.
On August 30, 2024, Respondent filed his Amended Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 2, ECF No. 27. Specifically, Respondent indicated that “[P]etitioner has met the
criteria for SIRVA as defined by the Vaccine Injury Table.” Id. at 6. Respondent does not
dispute that Petitioner “has satisfied all legal prerequisites for compensation under the
Act.” Id. at 7.
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_22-vv-00218-1
Date issued/filed: 2025-01-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/12/2024) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:22-vv-00218-UNJ Document 39 Filed 01/13/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-218V
APRIL KEEN, Chief Special Master Corcoran
Petitioner, Filed: December 12, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 25, 2022, April Keen 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered to her
on September 23, 2020. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, she suffered sequela of her injury for more than six months,
and neither Petitioner nor any other party has ever received compensation in the form of
an award or settlement for her vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:22-vv-00218-UNJ Document 39 Filed 01/13/25 Page 2 of 5
Following the filing of Respondent’s amended Rule 4(c) report, on August 30,
2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for
her SIRVA. ECF Nos. 27-28.
On December 12, 2024, Respondent filed a Proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded $75,000.00 in pain and suffering.
Proffer at 2, ECF No. 34. In the Proffer, Respondent represented that Petitioner agrees
with the proffered award. Id. 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 $75,000.00 in pain and suffering, 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 1:22-vv-00218-UNJ Document 39 Filed 01/13/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
APRIL KEEN,
Petitioner, No. 22-218V
Chief Special Master Brian H. Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 25, 2022, April Keen (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the
“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received an influenza
(“flu”) vaccine on September 23, 2020, and thereafter suffered from a right shoulder injury
related to vaccine administration (“SIRVA”). Petition at 1.
On August 30, 2024, the Secretary of Health and Human Services (“respondent”) filed an
amended Rule 4(c) Report advising that, in light of Chief Special Master Corcoran’s Findings of
Fact ruling that petitioner suffered the residual effects of her injury for more than six months,
and the medical evidence submitted in this case, respondent did not dispute that petitioner had
satisfied all legal prerequisites for compensation under the Vaccine Act. ECF No. 27. On
September 4, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation.1 ECF No. 28.
1 Respondent has no objection to the amount of the proffered award of damages set forth herein.
Assuming the Chief Special Master issues a damages decision in conformity with this proffer,
respondent waives his right to seek review of such damages decision. However, respondent

Case 1:22-vv-00218-UNJ Document 39 Filed 01/13/25 Page 4 of 5
I. Items of Compensation
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
This amount represents 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 following2: a lump sum payment of $75,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, April Keen: $75,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special
Master’s June 18, 2024 Findings of Fact and September 4, 2024 Ruling on Entitlement.
2 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:22-vv-00218-UNJ Document 39 Filed 01/13/25 Page 5 of 5
/s/CAMILLE J. WEBSTER
CAMILLE J. WEBSTER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, D.C. 20044-0146
Direct dial: (202) 307-3241
Email: Camille.Webster@usdoj.gov
Dated: December 12, 2024
3