VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00962 Package ID: USCOURTS-cofc-1_24-vv-00962 Petitioner: John Oliver Filed: 2024-06-24 Decided: 2025-05-27 Vaccine: influenza Vaccination date: 2022-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: On June 24, 2024, John Oliver filed a petition alleging SIRVA after an influenza vaccination administered on October 2, 2022. Respondent conceded entitlement and proffered damages in a Rule 4(c) filing, agreeing that Mr. Oliver’s injury was consistent with Table SIRVA and that the legal prerequisites for compensation were met. Chief Special Master Brian H. Corcoran granted entitlement on May 27, 2025. The public text does not describe a detailed medical-treatment chronology. Respondent proffered $60,000.00 for pain and suffering, and Mr. Oliver agreed. On May 27, 2025, the Special Master awarded the $60,000.00 lump sum through counsel for prompt disbursement to Mr. Oliver. Theory of causation field: Adult petitioner; influenza vaccine October 2, 2022; Table SIRVA. COMPENSATED. Respondent conceded entitlement and proffered damages; public text lacks detailed clinical chronology. Entitlement/damages May 27, 2025. Award $60,000.00 pain/suffering. Chief SM Brian H. Corcoran. Petition filed June 24, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00962-0 Date issued/filed: 2025-07-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/27/2025) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00962-UNJ Document 22 Filed 07/01/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-962V JOHN OLIVER Chief Special Master Corcoran Petitioner, Filed: May 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 24, 2024, John Oliver 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 “Table Injury” of a shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza vaccination received on October 2, 2022. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months, that the vaccine was administered within the United States, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Id. at 1, 9-10. 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 1:24-vv-00962-UNJ Document 22 Filed 07/01/25 Page 2 of 2 On May 20, 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 Conceding Entitlement to Compensation and Proffer of Damages at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury table. Id. at 5. Respondent further agrees that Petitioner has suffered the sequela of her injury for more than six months and all other legal requirements have been met 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00962-1 Date issued/filed: 2025-07-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/27/2025) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00962-UNJ Document 23 Filed 07/02/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-962V JOHN OLIVER, Chief Special Master Corcoran Petitioner, Filed: May 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 24, 2024, John Oliver 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 vaccine administered on October 2, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 27, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On May 20, 2025, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $60,000.00 for pain and suffering. Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation and Proffer of Damages (“Proffer”) at 6. 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 1:24-vv-00962-UNJ Document 23 Filed 07/02/25 Page 2 of 2 Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $60,000.00 for pain and suffering 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