VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00424
Package ID: USCOURTS-cofc-1_17-vv-00424
Petitioner: Krystal Alcott
Filed: 2017-12-20
Decided: 2018-03-14
Vaccine: hepatitis B
Vaccination date: 2016-06-17
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 83461

AI-assisted case summary:
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.

Theory of causation field:
Krystal Alcott alleged a right shoulder injury following a hepatitis B vaccination on June 17, 2016. The respondent conceded entitlement, finding the injury consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a condition covered by the Vaccine Injury Table. The petitioner was found to meet all legal prerequisites. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 17, 2017. A subsequent decision on March 14, 2018, awarded $83,461.59 as a lump sum payment to Krystal Alcott, representing $81,250.00 for pain and suffering and $2,211.59 for past unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner was represented by Anne Carrion Toale, and respondent was represented by Sarah Christina Duncan. The specific medical mechanism, expert testimony, or detailed clinical facts supporting the SIRVA diagnosis were not described in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00424-0
Date issued/filed: 2018-03-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/20/2017) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00424-UNJ Document 37 Filed 03/14/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-424V
Filed: December 20, 2017
UNPUBLISHED
KRYSTAL ALCOTT,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Hepatitis B (Hep B) Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 24, 2017, 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”). Petitioner alleges that she suffered a right shoulder injury as a result of
a hepatitis B vaccination administered on June 17, 2016. Petition at 1, 3. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On November 17, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On December 14, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$83,461.59 representing compensation for pain and suffering ($81,250.00) and past
unreimbursable expenses ($2,211.59). Proffer at 1-2. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on the record as a
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 1:17-vv-00424-UNJ Document 37 Filed 03/14/18 Page 2 of 4
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 $83,461.59 (representing $81,250.00 for pain
and suffering and $2,211.59 for past unreimbursable expenses) the form of a
check payable to petitioner, Krystal Alcott. This amount represents compensation
for all damages that would be available under § 300aa-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 1:17-vv-00424-UNJ Document 37 Filed 03/14/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KRYSTAL ALCOTT, )
)
Petitioner, )
) No. 17-424V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Krystal Alcott should be awarded $81,250.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Krystal Alcott’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $2,211.59, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 Krystal Alcott should be made

Case 1:17-vv-00424-UNJ Document 37 Filed 03/14/18 Page 4 of 4
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $83,461.59,
representing compensation for pain and suffering ($81,250.00), and past unreimbursable
expenses ($2,211.59), in the form of a check payable to petitioner, Krystal Alcott.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Krystal Alcott: $83,461.59
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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/ Sarah C. Duncan
Sarah C. Duncan
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) 514-9729
Fax: (202) 616-4310
DATED: December 14, 2017
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00424-1
Date issued/filed: 2018-05-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/17/2017) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00424-UNJ Document 42 Filed 05/09/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-424V
Filed: November 17, 2017
UNPUBLISHED
KRYSTAL ALCOTT,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Hepatitis B (Hep B)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 24, 2017, 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”). Petitioner alleges that she suffered a right shoulder injury as a result of
a hepatitis B vaccination administered on June 17, 2016. Petition at 1, 3. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On November 16, 2017, 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 concluded that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”). Id. at 3.
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. 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 1:17-vv-00424-UNJ Document 42 Filed 05/09/18 Page 2 of 2
Respondent further agrees that petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master