NEAF v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0767V
JOSH NEAF,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 16, 2025
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 5, 2025, Josh Neaf filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine
Act”), alleging that he suffered a shoulder injury related to vaccine administration
(“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of an
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination received on May 2, 2024.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 15, 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 agrees that Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Id. at 3-4 (citing 42 C.F.R. §§ 100.3(a),
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-00767-UNJ Document 18 Filed 01/15/26 Page 1 of 2

2
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. at 4 (citing Section 13(a)(1)(B); Section
11(c)(1)(D)(i)).
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
Case 1:25-vv-00767-UNJ Document 18 Filed 01/15/26 Page 2 of 2