VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00233
Package ID: USCOURTS-cofc-1_23-vv-00233
Petitioner: Aklilu Keflezighi
Filed: 2023-02-16
Decided: 2024-10-15
Vaccine: Tdap
Vaccination date: 2021-10-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 81075

AI-assisted case summary:
Aklilu Keflezighi, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2023. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on October 29, 2021. He further alleged that the injury caused residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, the parties submitted a Proffer on Award of Compensation. The respondent proffered an award of $80,000.00 for pain and suffering and $1,075.00 for past unreimbursable expenses, which Petitioner agreed to. The Chief Special Master issued a Decision Awarding Damages, awarding Petitioner a lump sum payment of $81,075.00 for pain and suffering and past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00233-0
Date issued/filed: 2024-07-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/26/2024 ) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00233-UNJ Document 29 Filed 07/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-233V
AKLILU KEFLEZIGHI, Chief Special Master Corcoran
Petitioner, Filed: June 26, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Stephen Waldman, Law Offices of Stephen L. Waldman, San Diego, CA, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 16, 2023, Aklilu Keflezighi (“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 he suffered from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving a
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination on October 29, 2021. Pet.,
ECF No. 1. Petitioner further alleges that he suffered the residual effects of his injury for
more than six months. Id. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 25, 2024, 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,
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 1:23-vv-00233-UNJ Document 29 Filed 07/26/24 Page 2 of 2
ECF No. 26. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent does
not dispute that Petitioner “has satisfied all legal prerequisites for compensation under
the Act.” Id. at 5.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_23-vv-00233-1
Date issued/filed: 2024-10-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/12/2024) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00233-UNJ Document 32 Filed 10/15/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-233V
AKLILU KEFLEZIGHI, Chief Special Master Corcoran
Petitioner, Filed: September 12, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Stephen Waldman, Law Offices of Stephen L. Waldman, San Diego, CA, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 16, 2023, Aklilu Keflezighi 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 a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination administered to him on October 29, 2021. Pet., ECF No. 1. Petitioner further
alleges that the vaccine was received in the United States, he suffered sequela of his
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 his vaccine-related injury.
Id. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 26, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. ECF No. 27. On September 12, 2024, Respondent filed
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 1:23-vv-00233-UNJ Document 32 Filed 10/15/24 Page 2 of 5
a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$80,000.00 in pain and suffering and $1,075.00 in past unreimbursable expenses. Proffer
at 1-2, ECF No. 30. 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 $81,075.00 for pain and suffering and past unreimbursable
expenses, 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 1:23-vv-00233-UNJ Document 32 Filed 10/15/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AKILU KEFLEZIGHI,
Petitioner,
v. No. 23-233V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 16, 2023, Akilu Keflezighi (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that he suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following
administration of an tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine that he received on
October 29, 2021. ECF No. 1 at 1. On June 25, 2024, respondent filed a Rule 4(c) Report,
recommending that compensation be awarded. ECF No. 24. On June 26, 2024, Chief Special
Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that petitioner’s claim
meets the Table criteria for SIRVA. ECF No. 27.
I. Items of Compensation
a. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00233-UNJ Document 32 Filed 10/15/24 Page 4 of 5
b. Unreimburseable Expenses
Respondent proffers that petitioner should be awarded $1,075.00 in unreimburseable
expenses. See 42 U.S.C. § 300aa-15(a)(1). 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 following:1
a. A lump sum payment of $81,075.00, in the form of a check payable to petitioner.
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
ALEXIS BABCOCK
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 lost earnings
and future pain and suffering.
2

Case 1:23-vv-00233-UNJ Document 32 Filed 10/15/24 Page 5 of 5
/s/ Neil Bhargava
NEIL BHARGAVA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3989
Email: neil.bhargava@usdoj.gov
Dated: September 12, 2024
3