TERRILL v. SECRETARY OF HEALTH AND HUMAN SERVICES

1:25-vv-00012Uscfc4 déc. 2025

Texte intégral

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0012V
GINGER TERRILL, personal
representative of the ESTATE OF
CAROL TERRILL,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: October 23, 2025
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2025, Ginger Terrill (“Petitioner”) as personal representative of the
estate of Carol Terrill, 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 the deceased, Carol Terrill (“Ms. Terrill”), suffered a shoulder injury related to
vaccine administration (“SIRVA), as the result of an influenza (“flu”) vaccination Ms. Terrill
received on or about October 20, 2022. Petition at 1. Petitioner further alleges that Ms.
Terrill suffered the residual effects of her condition for more than six months. Petition at
1. 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-00012-UNJ Document 29 Filed 12/04/25 Page 1 of 2
2
On October 22, 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 states that “Ms. Terrill’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Specifically, Ms. Terrill had no history of
pain, inflammation, or dysfunction of her right 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 Ms. Terrill’s shoulder
pain.” Id. at 4-5. Respondent further agrees that Ms. Terrill suffered the residual effects
of her condition for more than six months. 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
Case 1:25-vv-00012-UNJ Document 29 Filed 12/04/25 Page 2 of 2

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