Krystal Alcott v. HHS - Hepatitis B, right shoulder injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Krystal Alcott filed a petition for compensation under the National Vaccine Injury Compensation Program on December 20, 2017, alleging a right shoulder injury resulting from a hepatitis B vaccination administered on June 17, 2016. The respondent filed a Rule 4(c) report on November 16, 2017, conceding that the petitioner was entitled to compensation.
The respondent concluded that the alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that the petitioner had met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 17, 2017, finding the petitioner entitled to compensation.
Subsequently, on December 14, 2017, the respondent filed a Proffer on Award of Compensation, indicating that the petitioner should be awarded $83,461.59. This amount comprised $81,250.00 for pain and suffering and $2,211.59 for past unreimbursable expenses.
The petitioner agreed with the proffered award. On March 14, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer.
The petitioner, Krystal Alcott, a competent adult, was awarded a lump sum payment of $83,461.59, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Anne Carrion Toale of Maglio Christopher & Toale, PA, and the respondent was represented by Sarah Christina Duncan of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments received.