VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00197
Package ID: USCOURTS-cofc-1_23-vv-00197
Petitioner: Krystel Hannon
Filed: 2023-02-10
Decided: 2024-07-03
Vaccine: Tdap
Vaccination date: 2021-03-04
Condition: radial neuritis
Outcome: compensated
Award amount USD: 61234

AI-assisted case summary:
Krystel Hannon, a 37-year-old home health nurse, filed a petition on February 10, 2023, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on March 4, 2021, caused her to develop radial neuritis. Ms. Hannon reported that approximately two days after her vaccination, she experienced left arm weakness and swelling, which progressed to pain and paresthesias down her arm. She also complained of her left shoulder being tender. Her primary care provider diagnosed an adverse reaction to the Tdap vaccine and prescribed oral steroids. Subsequently, neurologist Dr. John Pilch diagnosed left radial neuritis, noting pain, weakness, and dysfunction attributable to the brachial plexus, and prescribed medication. Ms. Hannon continued to experience persistent symptoms and was treated by pain management specialist Dr. Ketan Jhunjhunwala, who also diagnosed left radial neuritis with possible involvement of other nerves, and orthopedist Dr. David Brown, who diagnosed likely myositis and a possible rotator cuff problem. Ms. Hannon received treatment for her condition for approximately fourteen months post-vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding entitlement to compensation. The respondent concluded that Ms. Hannon's injury was consistent with brachial neuritis as defined by the Vaccine Injury Table, citing pain in the left shoulder and affected arm occurring within the Table's timeframe, weak muscles supplied by more than one peripheral nerve, dysfunction attributable to the brachial plexus, and no other identified condition explaining her symptoms, with residual effects lasting more than six months. The parties stipulated to damages. Special Master Christian J. Moran issued a ruling on entitlement on June 7, 2024, finding Ms. Hannon entitled to compensation. A subsequent decision on June 10, 2024, awarded Ms. Hannon $60,000.00 for pain and suffering and $1,234.04 for past unreimbursable expenses, totaling $61,234.04, payable by check to Ms. Hannon. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Felicia Langel of the United States Department of Justice.

Theory of causation field:
Krystel Hannon, age 37, received a Tdap vaccine on March 4, 2021. She alleged developing radial neuritis. The respondent conceded entitlement, finding the injury consistent with brachial neuritis as defined by the Vaccine Injury Table. The respondent's report noted pain in the left shoulder and affected arm occurring within two to twenty-eight days post-vaccination, weak muscles supplied by more than one peripheral nerve, dysfunction attributable to the brachial plexus, and no other identified condition explaining the symptoms. The injury's residual effects lasted more than six months. The public text does not name specific experts for the petitioner or detail the mechanism of injury beyond its consistency with the Table. The parties stipulated to damages. Special Master Christian J. Moran issued a ruling on entitlement on June 7, 2024, and a decision awarding damages on June 10, 2024. The award included $60,000.00 for pain and suffering and $1,234.04 for past unreimbursable expenses, totaling $61,234.04, payable to the petitioner. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00197-0
Date issued/filed: 2024-07-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/07/2024) regarding 35 Ruling on Entitlement Signed by Special Master Christian J. Moran. (ceo) Service on parties made.
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Case 1:23-vv-00197-UNJ Document 40 Filed 07/02/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
KRYSTEL HANNON, * No. 23-197V
*
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: June 7, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Felicia Langel, United States Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 10, 2023, Krystel Hannon filed a petition seeking compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that a
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on March 4, 2021 caused her
to develop radial neuritis.
On June 6, 2024, respondent filed a Rule 4(c) Report Conceding Entitlement to
Compensation and Proffer of Damages, conceding that petitioner is entitled to compensation in
this case. Resp’t’s Rep. at 1. Specifically, respondent states:
DICP has concluded that petitioner’s alleged injury is consistent with brachial
neuritis after Tdap vaccination as defined by the Vaccine Injury Table. Specifically,
petitioner had pain in the left shoulder and affected arm that occurred within two to
twenty-eight days after receipt of the Tdap vaccine; weak muscles supplied by more
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it
must be made publicly accessible and will be posted on the United States Court of Federal
Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.

Case 1:23-vv-00197-UNJ Document 40 Filed 07/02/24 Page 2 of 2
than one peripheral nerve; dysfunction attributable to the brachial plexus; and no
other condition or abnormality that has been identified to explain her symptoms. 42
C.F.R. §§ 100.3(a)(I)(B), (c)(6). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of her condition for more
than six months. Therefore, based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. §
300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 4.
In view of Respondent's position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00197-1
Date issued/filed: 2024-07-03
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/10/2024) regarding 36 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (ceo) Service on parties made.
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Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
KRYSTEL HANNON, * No. 23-197V
*
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: June 10, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Felicia Langel, United States Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On February 10, 2023, Krystel Hannon filed a petition seeking compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that a
tetanus-diphtheria-acellular pertussis vaccine she received on March 4, 2021 caused her to
develop radial neuritis.
On June 6, 2024, respondent filed a Rule 4(c) Report Conceding Entitlement to
Compensation and Proffer of Damages, to which petitioner agrees. Based upon the record as a
whole, the special master finds the Proffer reasonable and that petitioner is entitled to an award
as stated in the Proffer. Pursuant to the attached Proffer, the court awards petitioner the
following in the form of a check payable to petitioner:
$60,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4).
1 Because this Decision contains a reasoned explanation for the action taken in this case,
it must be made publicly accessible and will be posted on the United States Court of Federal
Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.

Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 2 of 8
$1,234.04 in past unreimbursable expenses. See 42 U.S.C. § 300aa-
15(a)(1)(B).
These amounts represent all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is
directed to enter judgment in case 23-197V according to this decision and the attached proffer.2
Any questions regarding this order may be directed to my law clerk, Christine Olson, at
(202) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KRYSTEL HANNON,
Petitioner,
No. 23-197V
v.
Special Master Moran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S RULE 4(c) REPORT
CONCEDING ENTITLEMENT TO COMPENSATION
AND PROFFER OF DAMAGES
On February 10, 2023, Krystel Hannon (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a radial neuritis as the result of a tetanus,
diphtheria, acellular pertussis (“Tdap”) vaccination she received on March 4, 2021. Petition at 1.
In accordance with Vaccine Rule 4(c), the Secretary of Health and Human Services
(“respondent”) submits the following as his responsive report. Medical personnel at the Division
of Injury Compensation Programs, Department of Health and Human Services (“DICP”) have
reviewed the petition and medical records filed in the case. Their opinion is that this case is
appropriate for compensation under the terms of the Act.

Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 4 of 8
FACTUAL SUMMARY
I. Pre-Vaccination History
Petitioner did not have a history of left arm problems, but she became sick with COVID-
19 on or about February 18, 2021. Exhibit (“Ex.”) 1 at 7-9.
II. Vaccination
Petitioner was thirty-seven years old and a home health nurse when her employer
administered a Tdap vaccine in her left shoulder on March 4, 2021. Ex. 1 at 3.
III. Onset
On April 19, 2021, forty-six days post-vaccination, petitioner presented to her primary
care provider (“PCP”) complaining of left arm weakness and swelling that began two days after
her Tdap vaccination. Ex. 5 at 114-15. Petitioner also complained that her left arm felt “tired”
and her fingers swelled during her regular runs, but she had no pain. Id. at 115. Petitioner’s left
shoulder was tender on exam, and her PCP diagnosed her with an “[a]dverse reaction to [Tdap]”
and prescribed five days of oral steroids. Id. at 116.
IV. Treatment
On June 23, 2021, petitioner presented to neurologist John Pilch, M.D., complaining of
left arm weakness that began two to three days after her vaccination, followed by whole arm
swelling, pain down the arm, and finger paresthesias. Ex. 4 at 13. She also described pain when
abducting or laying on her left shoulder. Id. Petitioner’s X-ray and exam were normal except
for mild left arm tenderness and mild antalgic gait on the left, and Dr. Pilch diagnosed her with
left radial neuritis. Id. at 16-17. Dr. Pilch wrote, “[u]nusual, prolonged [l]eft [arm] syndrome
after vaccination with Tdap,” possible “inflammatory response with a neuropathic component
including the radial nerve distribution.” Id. at 17. Dr. Pilch prescribed meloxicam, gabapentin,
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Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 5 of 8
and recommended an electromyography/nerve conduction study (“EMG/NCS”) if petitioner did
not improve. Id.
Petitioner followed up with Dr. Pilch every 4-6 weeks through September 27, 2021 (i.e.,
six months post-vaccination). See generally Ex. 4. Petitioner reported that her symptoms
improved with meloxicam, but she never tried the gabapentin because she feared side-effects.
Id. Dr. Pilch noted that petitioner’s condition was not progressive but was persistent, and he
prescribed Voltaren gel and baclofen and referred her to pain management. Id.
On December 2, 2021, petitioner presented to pain management specialist Ketan
Jhunjhunwala, M.D., complaining of left arm intermittent and intense pain with numbness and
weakness after activity. Ex. 3 at 2. On exam, petitioner exhibited tenderness over the left
proximal arm, slightly reduced strength, and a positive Tinel sign. Id. at 5-6. Dr. Jhunjhunwala
diagnosed petitioner with left radial neuritis and some involvement of ulnar and/or axillary nerve
but noted that no EMG/NCS was performed. Id. at 7. Dr. Jhunjhunwala prescribed Lyrica and a
TENS unit. Id.
On January 10, 2022, petitioner presented to orthopedist David Brown, M.D., and she
rated her left arm pain at 1/10. Ex. 8 at 3. Petitioner reported that she was exercising regularly
and was taking meloxicam daily “with only modest benefit.” Id. Petitioner had mild pain on
exam of the left shoulder, and a shoulder X-ray was normal. Id. at 4-5. Dr. Brown diagnosed
petitioner with likely myositis and a possible rotator cuff problem, recommended a cortisone
injection (petitioner declined), and prescribed diclofenac. Id. at 5.
Petitioner followed up with Dr. Jhunjhunwala twice through May 17, 2022 (i.e., fourteen
months post-vaccination), and she reported that her pain improved with meloxicam and TENS
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Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 6 of 8
treatment. Ex. 3 at 20. A cervical MRI was unremarkable, and Dr. Jhunjhunwala recommended
that petitioner continue with her current treatment. Id. at 20, 25; Ex. 6 at 5.
Petitioner received no further treatment for her left arm.
V. Duration of Injury
Petitioner received treatment for her brachial neuritis through May 17, 2022, fourteen
months post-vaccination.
VI. Summary of Treatment
Petitioner was treated with six prescription medications for her brachial neuritis.
ANALYSIS
As noted above, DICP has reviewed the petition and medical records filed in this case
and has concluded that compensation is appropriate. DICP has concluded that petitioner’s
alleged injury is consistent with brachial neuritis after Tdap vaccination as defined by the
Vaccine Injury Table. Specifically, petitioner had pain in the left shoulder and affected arm that
occurred within two to twenty-eight days after receipt of the Tdap vaccine; weak muscles
supplied by more than one peripheral nerve; dysfunction attributable to the brachial plexus; and
no other condition or abnormality that has been identified to explain her symptoms. 42 C.F.R.
§§ 100.3(a)(I)(B), (c)(6). Additionally, based on the medical records outlined above, petitioner
suffered the residual effects of her condition for more than six months. Therefore, based on the
record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
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Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 7 of 8
PROFFER
I. Items of Compensation
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,234.04. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). 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 as described below and requests that the Special Master’s decision and the
Court’s judgment award the following:1 a lump sum payment of $61,234.04, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Krystel Hannon: $61,234.04
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 unreimbursed
expenses, future lost earnings, and future pain and suffering.
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Case 1:23-vv-00197-UNJ Document 41 Filed 07/03/24 Page 8 of 8
CONCLUSION
Respondent recommends that the Special Master enter a decision finding petitioner
entitled to compensation for a brachial neuritis occurring within the Table timeframe following
petitioner’s March 4, 2021 Tdap vaccination, and that the Court award $61,234.04 for all
damages available under Section 15(a) of the Vaccine Act, which does not include reasonable
attorneys’ fees and litigation costs to be determined at a later date.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Felicia D. Langel
FELICIA D. LANGEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-3148
felicia.d.langel@usdoj.gov
DATED: June 6, 2024
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