VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00495
Package ID: USCOURTS-cofc-1_25-vv-00495
Petitioner: Barry Chalofsky
Filed: 2025-03-19
Decided: 2025-09-22
Vaccine: influenza
Vaccination date: 2023-10-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00495-0
Date issued/filed: 2025-10-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/22/2025) regarding 15 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:25-vv-00495-UNJ Document 17 Filed 10/22/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0495V
BARRY CHALOFSKY,
Chief Special Master Corcoran
Petitioner,
v. Filed: September 22, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent
RULING ON ENTITLEMENT1
On March 19, 2025, Barry Chalofsky 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”), a defined Table injury, or in the alternative a caused-in-fact
injury, after receiving an influenza (“flu”) vaccine on October 12, 2023. Petition at 1, ¶¶ 4,
18-19. Petitioner also alleged that he received the vaccine within the United States, that
he suffered the residual effects of his SIRVA for more than six months and that neither
he nor any other party has filed a civil action or received compensation for his SIRVA,
alleged as vaccine caused. Id. at ¶¶ 4, 16-17. 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-00495-UNJ Document 17 Filed 10/22/25 Page 2 of 2
On September 19, 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 “has concluded that [P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4-5. Respondent
further agrees that based on the record as it now stands, [P]etitioner has satisfied all legal
prerequisites for compensation under the Act.” Id. at 5.
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