VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00206 Package ID: USCOURTS-cofc-1_25-vv-00206 Petitioner: Terrelle D. Oliver Filed: 2025-02-04 Decided: 2025-09-25 Vaccine: influenza Vaccination date: 2023-11-02 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On February 4, 2025, Terrelle D. Oliver filed a petition alleging a left shoulder injury related to vaccine administration after an influenza vaccination on or about November 2, 2023. Respondent conceded entitlement in a Rule 4(c) report. The concession stated that Mr. Oliver had no prior left shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours after vaccination; that pain and reduced range of motion were limited to the injection shoulder; that no other condition explained the symptoms; and that residual effects lasted more than six months. The public ruling does not describe treatment, imaging, therapy, or functional limitations. Chief Special Master Brian H. Corcoran granted entitlement on September 25, 2025. Damages remain pending. Mr. Oliver was represented by George D. Mistrioty of Mistrioty Law Offices, LLC. Theory of causation field: Influenza vaccine on or about November 2, 2023, adult inferred, alleged left SIRVA. ENTITLEMENT GRANTED; damages pending. Respondent conceded September 19, 2025: no prior left shoulder dysfunction, pain within 48 hours, pain and reduced ROM limited to left shoulder, no other condition, residual effects longer than six months. Public ruling gives no further clinical story. Chief Special Master Corcoran September 25, 2025. Attorney George D. Mistrioty; respondent Tyler King. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00206-0 Date issued/filed: 2025-10-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/25/2025) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00206-UNJ Document 23 Filed 10/28/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0206V TERRELLE D. OLIVER, Chief Special Master Corcoran Petitioner, Filed: September 25, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. George D. Mistrioty, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 4, 2025, Terrelle D. 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”) resulting from an influenza vaccine received on or about November 2, 2023. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, he suffered residual effects of his injury for more than six months, and he has not received compensation in the form of an award or settlement for his vaccine-related injuries, nor has he filed a civil action for his injuries prior to filing this Petition. Petition at preamble, ¶¶ 34, 38. 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-00206-UNJ Document 23 Filed 10/28/25 Page 2 of 2 On September 25, 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 in that “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 intramuscular vaccination; pain and reduced range of motion [were] 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.” Id. at 5. Respondent further agrees that the records indicate that Petitioner suffered the residual effects of his condition for more than six months, and has satisfied all legal prerequisites for compensation under the Vaccine 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