VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00171
Package ID: USCOURTS-cofc-1_21-vv-00171
Petitioner: Loralie Cioffi
Filed: 2021-01-06
Decided: 2025-02-14
Vaccine: Tdap
Vaccination date: 2020-07-28
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 40809

AI-assisted case summary:
Loralie Cioffi filed a petition for vaccine compensation alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine in her right shoulder on July 28, 2020. She further alleged that she experienced the residual effects of her injury for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the Tdap vaccine caused the alleged SIRVA or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision. Loralie Cioffi was awarded a lump sum of $40,000.00 and an additional $809.83 to reimburse a Medicaid lien for services rendered by the State of California. These amounts represent compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00171-0
Date issued/filed: 2025-02-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/13/2025) regarding 54 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0171V
LORALIE CIOFFI,
Chief Special Master Corcoran
Petitioner,
v.
Filed: January 13, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 6, 2021, Loralie Cioffi 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 receiving a tetanus, diphtheria, and acellular
pertussis (“Tdap”) vaccine in her right shoulder on July 28, 2020. Petition at 1; Stipulation,
filed at January 13, 2025, ¶¶ 1-4. Petitioner further alleges that she suffered the residual
effects of her injury for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent
denies that petitioner sustained a SIRVA Table injury; denies that the Tdap vaccine
caused petitioner’s alleged SIRVA, or any other injury; and denies that petitioner’s current
condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on January 13, 2025, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
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), 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A. A lump sum of $40,000.00, in the form of a check payable to Petitioner,
and
B. A lump sum of $809.83, representing reimbursement of a Medicaid lien
for services rendered to petitioner by the State of California, in the form
of a check payable jointly to petitioner and the Department of Health Care
Services:
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
DHCS account number C90245259C-VAC03
Petitioner agrees to endorse this check to the Department of Health
Care Services.
Stipulation at ¶ 8. These amounts represent compensation for all items of damages that
would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LORALIE CIOFFI,
Petitioner,
v. No. 21-171 V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Loralie Cioffi ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Jnjury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which vaccine is contained in
the Vaccine Injury Table (the "Table"), 42 C.F .R. § l 00.3(a). 1
2. Petitioner received a Tdap vaccine on July 28, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. Petitioner further alleges that petitioner experienced the residual effects of this
condition for more than six months.
1 Petitioner filed an Amended Petition on July 19, 2021, further detailing her allegations regarding the Tdap
vaccination administered on July 28, 2020.

Case 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that petitioner's
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments for all damages that would be available under 42
U.S.C. § 300aa-l 5(a):
A. A lump sum of $40,000.00 in the fonn of a check payable to petitioner; and
B. A lump sum of $809.832 representing reimbursement of a Medicaid lien for services
rendered to petitioner by the State of California, in the form of a check payable jointly
to petitioner and the Department of Health Care Services:
Department of Health Care Services
Recovery Branch -MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
DHCS account number C90245259C-V AC03
Petitioner agrees to endorse this check to the Department of Health Care Services.
2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of California may have against any individual as a result of any
Medicaid payments the State of California has made to or on behalf of petitioner as a result of
petitioner's alleged injury relating to a vaccine administered on July 28, 2020, under Title XIX
of the Social Security Act, see 42 U .S.C. § 300aa-15(g), (h).
2

Case 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 5 of 8
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys• fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U .S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a} and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h) .
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
3

Case 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 6 of 8
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on
July 28, 2020, as alleged in a petition for vaccine compensation filed on or about January 6,
2021, and in the amended petition filed on July 19, 202 I, in the United States Court of Federal
Claims as petition No. 21-17 l V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of I9 86, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
4

Case 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 7 of 8
amount of damages, and further, that a change in the nature oft he injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged
SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
5

Case 1:21-vv-00171-UNJ Document 58 Filed 02/14/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
A lTORNEY OF RECORD FOR
PETlTlONER: A\ITJIOIOZl:D REl'l{E~EN'JA TIVE
OF Tl IE A 1· 1O R NEY Cil·.NI RAL:
JE>~ {';:ll~-----~ ~~~
IIEATIIER L l'FARLMAN
JEFFREY S. l>OJ> & ASSOCIATES
Dcp111y Dtrct:tur
91 SO Wilshire Blvd .. Suite 241
·1o r1s Brnm:h
Beverly Hills. Cnlifomin 9021'. !·3429
Civil Divi1-io11
(310) 273-5462
U.S. Dcp:ir1mc111 or Ju:.1icc
jpop@poplnwycr.com
P.O. Box 146
Ocujamin Franklin S1a1io11
Washington. DC 20044-0146
AUTHORlZED REPRESENTAT lVE
J\Tl'ORNf~Y OF RECORD FOR
OF THE SECRETA RY OF 1-l[ ALT H RESPONDENT:
AND HUMAN SERVICES:
j effrey S•
Olgltally ~igncd by Jeffrt.-y
-s S. Be.-ich •S
Beach
________ -D-a0ts·to:o2· 024.12.JOIS:◄6;36 for
CAPT GEORGE REED CTR IMES, MD, MPH
Director, Division of Injury Trial Altomcy
Compensation Programi:: Torts Brnnch
Health Systems Bureau Civil Division
Health Resources nnd Services U.S. Depar1tnent of Justice
Administration P.O. Box 146
W,S\Department of Health Benjamin Franklin Stntion
1and,Human Services Washington, DC 20044-0146
-S6P,O·~ sliers Lane, 08W-25A (202) 742-6374
Katherine.Edwards2@usdoj.gov
"1t'oolville, ~ 20857