Barry Chalofsky v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On March 19, 2025, Barry Chalofsky filed a petition alleging a SIRVA after an influenza vaccination on October 12, 2023. He pleaded the injury as a Table SIRVA or, alternatively, a caused-in-fact injury.
Respondent conceded entitlement in a Rule 4(c) report, agreeing that Mr. Chalofsky's alleged injury was consistent with the Vaccine Injury Table definition of SIRVA and that he had satisfied the Vaccine Act's legal prerequisites.
The public ruling is only two pages and does not describe his onset, medical treatment, imaging, therapy, or functional limitations. Chief Special Master Brian H.
Corcoran granted entitlement on September 22, 2025. Damages remain pending.
Mr. Chalofsky was represented by David John Carney of Green & Schafle LLC.
Theory of causation
Influenza vaccine, October 12, 2023, adult inferred, alleged SIRVA/Table injury or caused-in-fact injury. ENTITLEMENT GRANTED; damages pending. Respondent conceded the alleged injury was consistent with Table SIRVA and all legal prerequisites were met. Public ruling gives no detailed onset, treatment, imaging, or functional facts. Chief Special Master Corcoran September 22, 2025. Attorney David John Carney; respondent Sarah Black Rifkin.
Source PDFs
USCOURTS-cofc-1_25-vv-00495