Joseph Keaton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On February 14, 2024, Joseph Keaton filed a petition alleging a SIRVA after an influenza vaccination administered on September 28, 2021. The damages proffer identifies him as a competent adult.
Respondent conceded entitlement in an April 2, 2025 Rule 4(c) report, agreeing that Mr. Keaton's alleged injury was consistent with the Vaccine Injury Table definition of SIRVA and that all legal prerequisites were met.
Chief Special Master Brian H. Corcoran granted entitlement on April 8, 2025.
The public entitlement and damages documents do not describe Mr. Keaton's first symptoms, treatment, imaging, therapy, or daily limitations.
On September 16, 2025, Chief Special Master Corcoran awarded $51,304.69, consisting of $50,000.00 for pain and suffering and $1,304.69 for past unreimbursed expenses. The lump sum was payable through counsel's IOLTA account.
Mr. Keaton was represented by Paul R.
Brazil of Muller Brazil, LLP.
Theory of causation
Influenza vaccine, September 28, 2021, competent adult, alleged SIRVA. COMPENSATED after respondent conceded Table SIRVA and legal prerequisites. Public entitlement/damages documents do not include onset/treatment/imaging details. Award: $50,000 pain/suffering plus $1,304.69 unreimbursed expenses, total $51,304.69, by ACH to counsel IOLTA. Chief Special Master Corcoran entitlement April 8, 2025 and damages September 16, 2025. Attorney Paul R. Brazil; respondent Benjamin Patrick Warder.
Source PDFs
USCOURTS-cofc-1_24-vv-00225