VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00624
Package ID: USCOURTS-cofc-1_20-vv-00624
Petitioner: Emilee Pletcher
Filed: 2020-05-20
Decided: 2022-01-11
Vaccine: influenza
Vaccination date: 2018-12-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 176062

AI-assisted case summary:
Emilee Pletcher filed a petition for compensation under the National Vaccine Injury Compensation Program on May 20, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 17, 2018. The respondent conceded that her injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting she had no prior shoulder issues and her symptoms occurred within 48 hours of vaccination, were limited to the affected shoulder, and lasted for at least six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Ms. Pletcher entitled to compensation. Subsequently, on January 11, 2022, a decision awarding damages was issued. The parties stipulated to an award of $176,062.61, comprising $160,000.00 for pain and suffering and $16,062.61 for past unreimbursable expenses. The award was made as a lump sum payment to Ms. Pletcher, who was identified as a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00624-0
Date issued/filed: 2020-10-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2020) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00624-UNJ Document 20 Filed 10/01/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0624V
UNPUBLISHED
EMILEE PLETCHER, Chief Special Master Corcoran
Petitioner, Filed: August 31, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. 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).

Case 1:20-vv-00624-UNJ Document 20 Filed 10/01/20 Page 2 of 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
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00624-1
Date issued/filed: 2022-01-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/08/2021) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00624-UNJ Document 43 Filed 01/11/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0624V
UNPUBLISHED
EMILEE PLETCHER, Chief Special Master Corcoran
Petitioner, Filed: December 8, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. 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.
DECISION AWARDING DAMAGES1
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, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On December 8, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $176,062.61. Proffer
at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
1 Because this unpublished Decision 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 Decision 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).

Case 1:20-vv-00624-UNJ Document 43 Filed 01/11/22 Page 2 of 5
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $176,062.61 (comprised of $160,000.00 in actual pain and suffering
and $16,062.61 for past unreimbursable expenses) in the form of a check payable
to Petitioner. This amount represents compensation for all damages that would be
available under Section 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-00624-UNJ Document 43 Filed 01/11/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
EMILEE PLETCHER, )
)
Petitioner, )
) No. 20-624V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 20, 2020, Emilee Pletcher (petitioner) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”),
42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that she suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to
her on December 17, 2018. Petition at 1, 11. On August 31, 2020, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be
awarded, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled
to compensation. ECF No. 15; ECF No. 16.
Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $160,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00624-UNJ Document 43 Filed 01/11/22 Page 4 of 5
Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure for past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $16,062.61, as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following: a lump sum payment of $176,062.61, representing
compensation for actual pain and suffering ($160,000.00) and past unreimbursable expenses
($16,062.61) in the form of a check payable to petitioner, Emilee Pletcher. Petitioner agrees.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Emilee Pletcher: $ 176,062.61
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2

Case 1:20-vv-00624-UNJ Document 43 Filed 01/11/22 Page 5 of 5
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-1815
Kimberly.Davey@usdoj.gov
DATED: December 8, 2021
3