# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0624 V

UNPUBLISHED

EMILEE PLETCHER

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 31, 2020

Special Processing Unit (SPU) ;
Rul ing 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 ENTITLEMENT 1

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 injur y related to vaccine

administration ( “ SIRVA ” ) as a r esult of a n influenza vaccination received on December
17, 2018 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 31 , 2020

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Specifically, R espondent agr ees that “ p etitioner ’ s alleged injury is consistent with SIRVA, as defined on the Vaccine In jury Tabl e. Specifically, p etitioner 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

pain

, inflammation or d ysfunction in her left shoulder, her pain and red uced range of

motion occu rred within 48 hours of receipt of an intramuscular vaccination ; her symptoms

were lim ited to the shoulder in which the vaccine was administered; and no other cond ition or abnormality was identified to explain her symptoms

. ” Id. at 6

. Respondent further agrees that “ p etitioner h as satisfied the statutory requirement that p etitioner ’ s injury lasted
for at least six months, or resulted in ‘ inpat ient hospitalization an d surgical intervention . .

. . [and ] has satisfied all legal pre requ isi tes for compen sation under the Act

. ” Id . at 6

- 7.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran
Chief Special Master