VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00381
Package ID: USCOURTS-cofc-1_25-vv-00381
Petitioner: Milton Sherfy
Filed: 2025-03-04
Decided: 2026-01-07
Vaccine: tetanus, diphtheria, and acellular pertussis (Tdap)
Vaccination date: 2023-05-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00381-0
Date issued/filed: 2025-11-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/15/2025) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:25-vv-00381-UNJ Document 21 Filed 11/19/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0381V
MILTON SHERFY, Chief Special Master Corcoran
Petitioner, Filed: October 15, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 4, 2025, Milton Sherfy 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”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on May 2, 2023. Petition at 1. Petitioner further alleges that the Tdap
vaccine was administered in the United States, he suffered residual effects of his injury
for more than six months, and he has never received compensation in the form of an
award or settlement for his vaccine related injuries. Petition at ¶¶ 3, 29-34, 38; Ex. 5 at
¶ 8. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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 1:25-vv-00381-UNJ Document 21 Filed 11/19/25 Page 2 of 2
On October 14, 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 in 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 and reduced range of
motion [were] 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. at
5. Respondent further agrees that the records indicate that Petitioner suffered the residual
effects of his condition for more than six months and has satisfied all legal prerequisites
for compensation under the Vaccine 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

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DOCUMENT 2: USCOURTS-cofc-1_25-vv-00381-1
Date issued/filed: 2026-02-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/07/2026) regarding 24 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:25-vv-00381-UNJ Document 28 Filed 02/09/26 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0381V
MILTON SHERFY, Chief Special Master Corcoran
Petitioner, Filed: January 7, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 4, 2025, Milton Sherfy 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”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on May 2, 2023. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 15, 2025,a ruling on entitlementwas issued, finding Petitioner entitled
to compensation for SIRVA. On January 7, 2026, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $50,000.00. Proffer at
1-2. 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.
1Because 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.
2National 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 1:25-vv-00381-UNJ Document 28 Filed 02/09/26 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $50,000.00 (in pain and suffering), to be paid through an ACH
deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner.This amountrepresents 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 1:25-vv-00381-UNJ Document 28 Filed 02/09/26 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MILTON SHERFY, )
)
Petitioner, )
) No. 25-381V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 4, 2025, Milton Sherfy (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of a tetanus,
diphtheria, and acellular pertussis (“Tdap”) vaccine he received on May 2, 2023. Petition at 1-2.
On October 14, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule
4(c) Report indicating that this case is appropriate for compensation under the terms of the Act
for a Table injury for SIRVA after a Tdap vaccination. ECF No. 17. On October 15, 2025, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 18.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:25-vv-00381-UNJ Document 28 Filed 02/09/26 Page 4 of 5
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award and Recommended Payments Following Judgement
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 $50,000.00, 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
JONATHAN D. GUYNN
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
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 1:25-vv-00381-UNJ Document 28 Filed 02/09/26 Page 5 of 5
/s/ Mitchell Jones
MITCHEL JONES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-1748
mitchell.jones@usdoj.gov
DATED: January 7, 2026
3