John A. Rafter, Jr. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On May 21, 2025, John A. Rafter, Jr. filed a petition seeking compensation under the Vaccine Program, alleging shoulder injury related to vaccine administration (SIRVA) after receiving influenza on October 23, 2023.
Respondent conceded entitlement and proffered damages. At vaccination he was a 67-year-old retired attorney who played tennis, basketball, lifted weights, and skied.
He had chiropractic care for wrist, knee, and low-back pain but no prior left-shoulder dysfunction. Respondent agreed pain began within 48 hours, was limited to the vaccinated shoulder, and no other condition explained it.
The public proffer includes a factual summary but not a contested damages analysis. On February 4, 2026, Chief Special Master Brian H.
Corcoran adopted the parties' stipulation or proffer, found the disposition reasonable on the record before the Court, and awarded $50,000.00 pain and suffering plus $222.74 unreimbursed expenses. Petitioner was represented by Julia Wernett McInerny, Mctlaw, Washington, DC.
Theory of causation
influenza vaccine on October 23, 2023 (age 67) allegedly causing shoulder injury related to vaccine administration (SIRVA); onset 0 days/within 48 hours. COMPENSATED. Respondent conceded entitlement and proffered damages. At vaccination he was a 67-year-old retired attorney who played tennis, basketball, lifted weights, and skied. He had chiropractic care for wrist, knee, and low-back pain but no prior left-shoulder dysfunction. Respondent agreed pain began within 48 hours, was limited to the vaccinated shoulder, and no other condition explained it. Award/status: $50,000.00 pain and suffering plus $222.74 unreimbursed expenses. Chief Special Master Brian H. Corcoran; petition filed May 21, 2025; decision February 4, 2026. Attorney: Julia Wernett McInerny, Mctlaw, Washington, DC. No expert causation analysis in public stipulation/proffer.
Source PDFs
USCOURTS-cofc-1_25-vv-00864