Milton Sherfy v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On March 4, 2025, Milton Sherfy filed a petition alleging that a Tdap vaccine administered on May 2, 2023 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report, agreeing that the record met the Vaccine Injury Table criteria for SIRVA: Mr.
Sherfy had no prior pain, inflammation, or dysfunction in the affected shoulder, his pain began within 48 hours after vaccination, the pain and reduced range of motion were limited to the vaccinated shoulder, no other condition better explained the injury, and the residual effects lasted more than six months. Chief Special Master Brian H.
Corcoran found entitlement on October 15, 2025. On January 7, 2026, he adopted respondent's damages proffer and awarded Mr.
Sherfy $50,000.00 for pain and suffering as a lump sum.
Theory of causation
Tdap vaccine May 2, 2023 causing Table SIRVA; adult, exact age not stated; onset within 48 hours. ENTITLEMENT CONCEDED; COMPENSATED. Key Table facts: no prior affected-shoulder pain/dysfunction, pain within 48 hours, pain/ROM limited to shoulder, no alternative condition, residuals over six months. Award $50,000 pain/suffering. Chief SM Brian H. Corcoran; attorney Emily Beth Ashe; petition March 4, 2025; entitlement October 15, 2025; damages January 7, 2026.
Source PDFs
USCOURTS-cofc-1_25-vv-00381