VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00310 Package ID: USCOURTS-cofc-1_24-vv-00310 Petitioner: Gregory Rafferty Filed: 2024-02-27 Decided: 2025-08-28 Vaccine: influenza Vaccination date: 2022-09-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On February 27, 2024, Gregory Rafferty filed a petition alleging that an influenza vaccination administered on September 9, 2022 caused a shoulder injury related to vaccine administration. He alleged that the injury persisted for more than six months. The public entitlement ruling is brief because respondent conceded entitlement in a Rule 4(c) report. Respondent agreed that Mr. Rafferty had no prior shoulder pain, inflammation, or dysfunction; that pain began within 48 hours of the intramuscular vaccination; that the pain was limited to the vaccinated shoulder; that no other condition explained the pain; and that the residual effects lasted more than six months. On August 28, 2025, Chief Special Master Brian H. Corcoran found Mr. Rafferty entitled to compensation. The decision resolved entitlement only, leaving damages for later proceedings. Mr. Rafferty was represented by Bridget Candace McCullough of Muller Brazil, LLP. Theory of causation field: Influenza vaccine on September 9, 2022, adult exact age not stated, causing Table SIRVA. ENTITLEMENT GRANTED; damages pending. Respondent conceded no prior shoulder pain/inflammation/dysfunction, onset within 48 hours, pain limited to the vaccinated shoulder, no other condition explaining pain, and residual effects over six months. Chief Special Master Corcoran, August 28, 2025. Attorney: Bridget Candace McCullough, Muller Brazil, Dresher PA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00310-0 Date issued/filed: 2025-09-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/28/2025) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00310-UNJ Document 31 Filed 09/29/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0310V GREGORY RAFFERTY, Chief Special Master Corcoran Petitioner, Filed: August 28, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 27, 2024, Gregory Rafferty 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 Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 9, 2022. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 28, 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 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-00310-UNJ Document 31 Filed 09/29/25 Page 2 of 2 1. Specifically, Respondent states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “petitioner had no history of pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. Respondent agrees that Petitioner suffered the residual effects of his condition for more than six months and, based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 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