In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0624V

UNPUBLISHED

EMILEE PLETCHER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 31, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On May 20, 2020, Emilee Pletcher 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 she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccination received on December 

17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters.

On August 31, 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. Specifically, Respondent agrees that “petitioner’s alleged injury is consistent with 

SIRVA, as defined on the Vaccine Injury Table. Specifically, petitioner had no history of 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 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

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 6. Respondent further 

agrees that “petitioner has satisfied the statutory requirement that petitioner’s injury lasted 

for at least six months, or resulted in ‘inpatient hospitalization and surgical intervention . . 

. . [and] has satisfied all legal prerequisites for compensation under the Act.” Id. at 6-7.

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