VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00003
Package ID: USCOURTS-cofc-1_16-vv-00003
Petitioner: Phyllis Kostura
Filed: 2016-01-04
Decided: 2017-12-19
Vaccine: influenza and tetanus
Vaccination date: 2015-01-15
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90771

AI-assisted case summary:
Phyllis Kostura filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2016, alleging injuries from influenza and tetanus vaccinations received on January 15, 2015. The alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent filed a Rule 4(c) report on April 4, 2016, conceding that the alleged injury was consistent with SIRVA caused by the vaccinations and that petitioner met the statutory requirements for compensation, including suffering the condition for more than six months. Based on respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 5, 2016, finding petitioner entitled to compensation. Subsequently, on May 24, 2017, respondent filed a proffer on the award of compensation, recommending an award of $90,771.00, which petitioner agreed to. On December 19, 2017, Chief Special Master Dorsey issued a decision awarding Phyllis Kostura a lump sum payment of $90,771.00, payable to petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Phyllis Kostura received influenza and tetanus vaccinations on January 15, 2015. She alleged injury consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent conceded that the alleged injury was consistent with SIRVA caused by the vaccinations and that petitioner met the statutory requirements for compensation, including suffering the condition for more than six months. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. The theory of causation is based on the "Table" of the Vaccine Injury Table, specifically SIRVA. Respondent filed a proffer on award of compensation recommending $90,771.00, which petitioner agreed to. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 5, 2016, finding petitioner entitled to compensation, and a decision awarding damages on December 19, 2017, granting a lump sum payment of $90,771.00. Petitioner was represented by Franklin John Caldwell, Jr., and respondent was represented by Debra A. Filteau Begley.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00003-0
Date issued/filed: 2016-09-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/05/2016) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00003-UNJ Document 25 Filed 09/22/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0003V
Filed: April 5, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PHYLLIS KOSTURA, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza and Tetanus Vaccinations
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 4, 2016, Phllis Kostura (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that she suffered injuries from
the influenza and tetanus vaccinations she received in her left arm on January 15, 2015.
Petition at ¶¶ 1-2, 5. Petitioner further alleges that she has suffered the residual effects
of her injury for more than six months, and neither she nor any other party has brought
an action for her vaccine related injuries. Id. at ¶¶ 6, 9. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 4, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “believes that the alleged injury is consistent with SIRVA
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 1:16-vv-00003-UNJ Document 25 Filed 09/22/16 Page 2 of 2
that was caused by the administration of petitioner’s flu and Tdap vaccinations.” Id. at
2. Furthermore, respondent believes that “petitioner meets the statutory requirements
by suffering the condition for more than six months, . . . [and] based on the record as it
now stands, petitioner has satisfied all legal prerequisites for compensation under the
Vaccine Act.” Id. at 2-3 (citations omitted).
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00003-1
Date issued/filed: 2017-12-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/25/2017) regarding 42 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00003-UNJ Document 47 Filed 12/19/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0003V
Filed: May 25, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PHYLLIS KOSTURA, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza and Tetanus Vaccinations;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 4, 2016, Phyllis Kostura (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that she
suffered injuries from the influenza and tetanus vaccinations she received in her left arm
on January 15, 2015. Petition at ¶¶ 1-2, 5. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 5, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 13). On May 24, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$90,771.00. (ECF No. 41). In the Proffer, respondent represented that petitioner
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 1:16-vv-00003-UNJ Document 47 Filed 12/19/17 Page 2 of 4
agrees with the proffered award. Id. Based on the record as a whole, the undersigned
finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $90,771.00 in the form of a check payable to
petitioner, Phyllis Kostura. This amount represents compensation for all damages
that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:16-vv-00003-UNJ Document 47 Filed 12/19/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
PHYLLIS KOSTURA, *
*
Petitioner, * No. 16-003V
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on April 5, 2016. Based upon the evidence of
record, respondent proffers that petitioner should be awarded $90,771.00, which represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1
Petitioner agrees.
II. 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 of $90,771.00, in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.

Case 1:16-vv-00003-UNJ Document 47 Filed 12/19/17 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: May 24, 2017
2