VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00225
Package ID: USCOURTS-cofc-1_24-vv-00225
Petitioner: Joseph Keaton
Filed: 2024-02-14
Decided: 2025-09-16
Vaccine: influenza
Vaccination date: 2021-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 51304

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00225-0
Date issued/filed: 2025-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/08/2025) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00225-UNJ Document 27 Filed 05/22/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-225V
JOSEPH KEATON, Chief Special Master Corcoran
Petitioner,
v. Filed: April 8, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On February 14, 2024, Joseph Keaton 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 a shoulder injury related to vaccine
administration (“SIRVA”) as the result of an influenza (“flu”) vaccine that he received on
September 28, 2021. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 2, 2025, 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.
Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA
as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
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 1:24-vv-00225-UNJ Document 27 Filed 05/22/25 Page 2 of 2
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. (internal citations omitted).
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_24-vv-00225-1
Date issued/filed: 2025-10-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/16/2025) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00225-UNJ Document 37 Filed 10/21/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-225V
JOSEPH KEATON, Chief Special Master Corcoran
Petitioner,
v. Filed: September 16, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON DAMAGES1
On February 14, 2024, Joseph Keaton 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as the result of an influenza (“flu”) vaccine that he received on
September 28, 2021. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 8, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On September 15, 2025, Respondent filed a Proffer on award
of compensation (“Proffer”). Respondent represented that Petitioner agrees with the
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 1:24-vv-00225-UNJ Document 37 Filed 10/21/25 Page 2 of 5
proffered award. Id. at 1 – 2. 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, Petitioner is awarded a lump
sum of $51,304.69 (representing $50,000.00 for pain and suffering, and $1,304.69
for past unreimbursable expenses) to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This
amount represents compensation for all damages that would be available under Section
15(a). Proffer at 2.
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 1:24-vv-00225-UNJ Document 37 Filed 10/21/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSEPH KEATON,
Petitioner,
No. 24-225V (ECF)
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 14, 2024, Joseph Keaton (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine that he received on September 28, 2021. ECF No. 1 at 1. On April 2, 2025,
the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report indicating
that this case was appropriate for compensation under the terms of the Vaccine Act for a SIRVA
Table Injury. ECF No. 22. On April 8, 2025, Chief Special Master Corcoran issued a Ruling on
Entitlement finding that petitioner was entitled to compensation. ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 for pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:24-vv-00225-UNJ Document 37 Filed 10/21/25 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
pertaining to his vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the amount of $1,304.69. See 42 U.S.C. § 300aa-15(a)(1)(B).
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 lump sum payment of $51,304.69, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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 1:24-vv-00225-UNJ Document 37 Filed 10/21/25 Page 5 of 5
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464
DATE: September 15, 2025 Email: Benjamin.P.Warder@usdoj.gov
3