Nancy Olivo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
Nancy Olivo filed a petition on August 17, 2021, seeking compensation for a shoulder injury related to vaccine administration after receiving an influenza vaccine on November 17, 2020. She alleged that the vaccination caused SIRVA and that the effects of the injury lasted for more than six months.
The case began in the Special Processing Unit as a Table SIRVA claim. On November 17, 2025, Chief Special Master Corcoran dismissed the Table claim because the record did not support pain onset within 48 hours after vaccination, a required element of Table SIRVA.
The case was then reassigned to Special Master Mindy Michaels Roth for consideration as a non-Table claim. The public dismissal decision does not provide a detailed treatment history for Ms.
Olivo's shoulder condition. After reassignment, petitioner reported that she was willing to discuss settlement, but on February 2, 2026, she moved for a decision dismissing the petition.
She stated that she could not prove entitlement to compensation in the Vaccine Program and wished to avoid further expense of resources. Special Master Roth reviewed the record and found that Ms.
Olivo had not established a Table injury and had not presented persuasive medical or scientific evidence proving actual causation. The decision noted that the medical records did not support entitlement and that no expert reports had been filed.
On March 26, 2026, the petition was dismissed. No vaccine-injury compensation was awarded.
Theory of causation
Influenza vaccine on November 17, 2020 allegedly causing SIRVA. DISMISSED. Table SIRVA theory failed because shoulder pain onset was not shown within 48 hours of vaccination; off-Table causation was not proven. No expert reports were filed, the medical records did not establish causation, and petitioner moved for dismissal after reassignment from the Special Processing Unit. Petition filed August 17, 2021; Table claim dismissed November 17, 2025; final dismissal by SM Mindy Michaels Roth on March 26, 2026. No injury compensation awarded.
Source PDFs
USCOURTS-cofc-1_21-vv-01710