In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-975V

UNPUBLISHED

JENNIFER PANATTONI,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 14, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.

Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On July 6, 2019, Jennifer Panattoni 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 that she suffered a Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) as a result of her November 7, 2017 influenza (“flu”) 

vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

On December 10, 2020, 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, 4. Specifically, Respondent indicates that

[m]edical personnel at the Division of Injury Compensation Programs, 

Department of Health and Human Services (“DICP”) have reviewed the 

petition and medical records filed in this case. It is respondent’s position that 

petitioner has satisfied the criteria set forth in the Vaccine Injury Table 

(“Table”) and the Qualifications and Aids to Interpretation (“QAI”). That is, 

petitioner had no relevant history of pain, inflammation, or dysfunction in her 

left shoulder; her pain and reduced range of motion occurred within 48 

hours of receipt of an intramuscular vaccination; her symptoms were limited 

to the shoulder in which the vaccine was administered; and no other 

condition or abnormality was identified to explain her symptoms.

Id. at 4 (citing 42 C.F.R. § 100.3(a), (c)(10)). 

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