VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00864
Package ID: USCOURTS-cofc-1_25-vv-00864
Petitioner: John A. Rafter, Jr.
Filed: 2025-05-21
Decided: 2026-02-04
Vaccine: influenza
Vaccination date: 2023-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50222.74

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00864-0
Date issued/filed: 2026-03-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/04/2026) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-00864-UNJ Document 33 Filed 03/25/26 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-864V
JOHN A. RAFTER, JR., Chief Special Master Corcoran
Petitioner, Filed: February 4, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Julia Wernett McInerny, Mctlaw, Washington, D.C., for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 21, 2025, John A. Rafter, Jr. 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”) following receipt of an influenza (“flu”) vaccine on October 23,
2023. Petition at ¶¶ 1, 27. Petitioner further alleges that he suffered the residual effects
of his injury for more than six months, and that there has been no prior award or
settlement of a civil action on his behalf as a result of his injury. Petition at ¶¶ 29, 31-32.
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-00864-UNJ Document 33 Filed 03/25/26 Page 2 of 2
On February 2, 2026, 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
and Proffer at 1. Specifically, Respondent states that,
[the Division of Injury Compensation Programs] has
concluded that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Specifically,
[P]etitioner 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 was limited to the shoulder in
which the vaccine was administered; and no other condition
or abnormality has been identified to explain [P]etitioner’s
shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally,
based on the medical records outlined above, [P]etitioner
suffered the residual effects of his condition for more than six
months. Therefore, based on the record as it now stands,
[P]etitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. See 42 U.S.C. § 300aa-
13(a)(1)(B); 42 U.S.C. § 300aa11(c)(1)(D)(i).
Id. at 4-5.
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

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DOCUMENT 2: USCOURTS-cofc-1_25-vv-00864-1
Date issued/filed: 2026-03-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/04/2026) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-00864-UNJ Document 34 Filed 03/27/26 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-864V
JOHN A. RAFTER, JR., Chief Special Master Corcoran
Petitioner, Filed: February 4, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Julia Wernett McInerny, Mctlaw, Washington, D.C., for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 21, 2025, John A. Rafter, Jr. 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”) following receipt of an influenza (“flu”) vaccine on October 23,
2023. Petition at ¶¶ 1, 27. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 4, 2026, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On February 2, 2026, Respondent filed a Rule 4(c) Report
and Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$50,222.74, consisting of $50,000.00 for pain and suffering and $222.74 in past
unreimbursable expenses. Proffer at 5. 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.
1 Because 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.
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-00864-UNJ Document 34 Filed 03/27/26 Page 2 of 8
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $50,222.74, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. This amount
represents 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-00864-UNJ Document 34 Filed 03/27/26 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN A. RAFTER, JR.,
Petitioner, No. 25-864V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S RULE 4(c) REPORT AND
PROFFER OF COMPENSATION
On May 21, 2025, John A. Rafter, Jr. (“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”), as amended, alleging that he suffered a left shoulder injury related to vaccine
administration (“SIRVA”), resulting from an influenza (“flu”) vaccine administered on October
23, 2023. ECF No. 1 at 1, 7.
In accordance with Vaccine Rule 4(c), the Secretary of Health and Human Services
(“respondent”) submits the following as a responsive report. Medical personnel at the Division of
Injury Compensation Programs, Department of Health and Human Services (“DICP”) have
reviewed the petition, medical records, and affidavit filed in the case. Their opinion is that this
case is appropriate for compensation under the terms of the Vaccine Act.

Case 1:25-vv-00864-UNJ Document 34 Filed 03/27/26 Page 4 of 8
FACTUAL SUMMARY
I. Pre-Vaccination History
At the time of vaccination, petitioner was a 67-year-old retired attorney, whose exercise
regimen included tennis, basketball, weightlifting, and skiing. See Exhibit (“Ex.”) 4 at 34. Prior
to vaccination, he was seeing a chiropractor for various issues, including wrist, knee, and lower
back pain. See generally Ex. 3 at 35-118. However, he had no documented history of left
shoulder issues. See id.; see also Ex. 8 at 184.
II. Vaccination
On October 23, 2023, petitioner visited his local pharmacy and received a flu vaccine in
his left deltoid. Ex. 1 at 4-5. He also received a COVID vaccine in his right deltoid during this
same vaccination appointment.1
III. Onset
On November 27, 2023, 34 days after his vaccination, petitioner saw his chiropractor to
report a “constant…shooting discomfort in the side of the left shoulder.” Ex. 3 at 34. He
exhibited weakness and reduced joint mobility on exam and received a chiropractic adjustment
to the left shoulder. Id.
IV. Treatment
Petitioner reiterated his shoulder complaints during additional chiropractic sessions on
November 30 and December 4, 2023. Ex. 3 at 32-33.
On December 5, 2023, petitioner saw his primary care provider (“PCP”) for “[l]eft
shoulder pain after getting [a] Flu shot from a pharmacy in mid October.” Ex. 8 at 154.
Petitioner stated that his symptoms “started on 10/23/23 [after he] got his flu and COVID shot.”
1 Petitioner does not allege any injury to his right deltoid and does not raise any claims related to
the COVID vaccine. See Petition at 1.
2

Case 1:25-vv-00864-UNJ Document 34 Filed 03/27/26 Page 5 of 8
Id. at 155 (also noting that petitioner was “working out a few days later with dumbbells overhead
pressing and curls; and ha[d] pain since then”). Petitioner denied any numbness or tingling but
described pain in his left deltoid, which radiated to his elbow. Id. He exhibited positive
impingement signs and reduced range of motion (“ROM”) on exam. Id. at 157. Petitioner
underwent an x-ray and ultrasound, which showed rotator cuff tendinopathy and mild
degenerative findings. Id. at 149, 153, 155-56. Petitioner’s PCP reviewed the imaging results
and noted that SIRVA was a possible diagnosis, given the timing of petitioner’s symptoms and
the significant amount of fluid found in his biceps tendon sheath. Id. at 155. He recommended
activity modifications as needed and referred petitioner to physical therapy (“PT”). Id. at 156.
Petitioner began a course of PT on January 31, 2024, telling his therapist that he “had a
flu shot on October 23rd [and] noticed that he was sore after the shot, especially when completing
exercise the following day.” Ex. 4 at 27. His “pain was going down his arm [but] seemed to
gravitate around his shoulder. His shoulder was bothering him for about a month before seeking
care.” Id. Petitioner reported no pain (0/10) during his initial session but noted that his pain
could rise to a level of 5/10 at its worst. Id. at 28. Petitioner’s therapist documented ROM
deficits, shoulder stiffness, and pain, and recommended twice-weekly PT. Id. at 29-30.
Petitioner remained “worried about SIRVA” and returned to his PCP for follow-up care
on March 7, 2024. Ex. 8 at 110. Petitioner’s PCP ordered an MRI, which revealed low-grade
bursal fraying, mild osteoarthrosis, and a small amount of joint fluid and inflammation. Id. at
66-67, 84-87. At a follow-up visit on May 16, 2024, petitioner reported “some decrease in pain”
and greater ROM, but he agreed to undergo a steroid injection based on his residual symptoms.
Id. at 66.
3

Case 1:25-vv-00864-UNJ Document 34 Filed 03/27/26 Page 6 of 8
Petitioner attended 15 PT sessions through May 2024—roughly seven months post-
vaccination. See generally Ex. 4. At his final session on May 23, 2024, petitioner reported
improved ROM and “no pain in the shoulder.” Id. at 126.
In addition to his formal PT, petitioner continued to see his chiropractor, where he
referenced left shoulder pain in addition to other ailments. See generally Exs. 3, 11, and 12. He
received 28 chiropractic adjustments on his left shoulder through February 2025. Id.
During his last documented physical on January 22, 2025, petitioner indicated that his left
shoulder was “doing better.” Ex. 13 at 24. He has not filed records of any additional treatment.
V. Duration of Injury
Petitioner received treatment for his left shoulder through February 2025, approximately
16 months after his vaccination.
VI. Summary of Treatment
Over the course of 16 months, petitioner underwent the following treatment for his
SIRVA:
• 15 sessions of physical therapy;
• one steroid injection; and
• 28 chiropractic adjustments.
ANALYSIS
As noted above, DICP has reviewed the petition, medical records, and declaration filed in
this case and has concluded that compensation is appropriate. DICP has concluded that
petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury
Table. Specifically, 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
4

Case 1:25-vv-00864-UNJ Document 34 Filed 03/27/26 Page 7 of 8
intramuscular vaccination; pain was 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. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of his condition for more than six months.
Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-
11(c)(1)(D)(i).
The scope of damages to be awarded is limited to petitioner’s left SIRVA and its related
sequelae only.
PROFFER
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering
damages. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Respondent proffers that petitioner should be awarded past unreimbursable expenses in
the amount of $222.74. Petitioner agrees.
II. Form of the Award
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 of $50,222.74, in the form of an ACH deposit to petitioner’s counsel’s
IOLTA account for prompt disbursement to petitioner, John A. Rafter, Jr. Petitioner agrees.
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Case 1:25-vv-00864-UNJ Document 34 Filed 03/27/26 Page 8 of 8
CONCLUSION
Respondent recommends that the Chief Special Master enter a decision finding petitioner
entitled to compensation for a left-sided SIRVA occurring within the Table timeframe following
petitioner’s October 23, 2023 flu vaccination, and that the court award $50,222.74 for all
damages available under Section 15(a) of the Vaccine Act, which does not include reasonable
attorneys’ fees and litigation costs to be determined at a later date.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
CAMILLE M. COLLETT
Senior Trial Attorney
Torts Branch, Civil Division
s/Sarah B. Rifkin
SARAH B. RIFKIN
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) 305-5997
Sarah.Rifkin@usdoj.gov
DATE: February 2, 2026
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