United States Court of Federal Claims, 2026

Bernstein v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided August 27, 2026 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 25-1066V

SHELDON BERNSTEIN,

Chief Special Master Corcoran Petitioner,

v. Filed: July 24, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Nathan Joseph Marchese, Siri & Glimstad, LLP, Chicago, IL, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1 0 On June 25, 2025, Sheldon Bernstein 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 an influenza vaccination he received on October 23, 2023. Petition at 1. Petitioner further alleges that he suffered the residual effects of his vaccine-related injury for more than six months. Petition at ¶ 18. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 24, 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 at 1. Respondent “recommends that Petitioner be found entitled to compensation for a Table SIRVA.” Id. at 4. Specifically, “Petitioner had no history of pain, inflammation, or dysfunction of his right shoulder prior to vaccination that would explain Petitioner’s post- vaccination symptoms; shoulder pain occurred within forty-eight hours after receipt of an intramuscular flu vaccination; shoulder pain and reduced ROM were limited to the side in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.” Id. Respondent further agrees that “based on the current record, Petitioner has satisfied all requirements for compensation under the 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

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-law data current through September 30, 2026. Source: CourtListener bulk data.