VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00373
Package ID: USCOURTS-cofc-1_21-vv-00373
Petitioner: Kimberly Robichaux
Filed: 2021-01-08
Decided: 2023-06-08
Vaccine: Tdap
Vaccination date: 2019-04-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 134867

AI-assisted case summary:
Kimberly Robichaux filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine she received on April 10, 2019. She alleged the vaccine was administered in the United States, her injury lasted longer than six months, and she had not received prior compensation for the injury. The respondent conceded that Ms. Robichaux was entitled to compensation, agreeing that she met the criteria for SIRVA as defined by the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent also confirmed that the case was timely filed, the vaccine was administered in the U.S., and the injury met the statutory severity requirement of lasting more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Robichaux entitled to compensation. Subsequently, the parties reached a proffer agreement for an award of compensation. The decision awarded Ms. Robichaux a lump sum payment of $134,867.76, consisting of $130,000.00 for past pain and suffering and $4,867.76 for out-of-pocket expenses, representing all damages available under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00373-0
Date issued/filed: 2023-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/20/2023) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00373-UNJ Document 29 Filed 04/25/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0373V
UNPUBLISHED
KIMBERLY ROBICHAUX, Chief Special Master Corcoran
Petitioner, Filed: March 20, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Kimberly Robichaux 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”) resulting from adverse effects of a Tetanus Diphtheria acellular
Pertussis (“Tdap”) vaccine received on April 10, 2019. Petition at 1. Petitioner further
alleges the vaccine was administered in the United States, her injury lasted longer than
six months, and neither Petitioner nor any other party has ever received compensation in
the form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 4-5; Exs.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
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). This means the Ruling 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 (2012).

Case 1:21-vv-00373-UNJ Document 29 Filed 04/25/23 Page 2 of 2
1; 12 at 472. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 20, 2023, Respondent filed his response to Petitioner’s motion for a
ruling on the record and Rule 4(c) report (ECF No. 25) in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 2.
Specifically, Respondent agrees that “petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for
SIRVA.” Id. at 9. Respondent further agrees that “the records show that petitioner timely
filed her case, that she received the Tdap vaccine in the United States, and that she
satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00373-1
Date issued/filed: 2023-06-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/08/2023) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00373-UNJ Document 35 Filed 06/08/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0373V
UNPUBLISHED
KIMBERLY ROBICHAUX, Chief Special Master Corcoran
Petitioner, Filed: May 8, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Kimberly Robichaux 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”) resulting from adverse effects of a Tetanus Diphtheria acellular
Pertussis (“Tdap”) vaccine received on April 10, 2019. Petition at 1. Petitioner further
alleges the vaccine was administered in the United States, her injury lasted longer than
six months, and neither Petitioner nor any other party has ever received compensation in
the form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 4-5; Exs.
1 Because this unpublished 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-00373-UNJ Document 35 Filed 06/08/23 Page 2 of 5
1; 12 at 472. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 20, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On May 8, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $134,867.76. Proffer at
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $134,867.76 (consisting of $130,000.00 for past pain and suffering
and $4,867.76 for out of pocket expenses) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
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-00373-UNJ Document 35 Filed 06/08/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KIMBERLY ROBICHAUX, )
)
Petitioner, ) No. 21-373V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 8, 2021, Kimberly Robichaux (“petitioner”) filed a petition for compensation
(“Petition”) 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 right shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus, diphtheria, and pertussis (“Tdap”) vaccine she
received on April 10, 2019. Petition (“Pet”) at 1. On September 22, 2022, petitioner filed a
motion for ruling on the record. ECF No. 22. On March 20, 2023, respondent filed a
memorandum that served as both his responsive report in accordance with Vaccine Rule 4(c) and
his response to petitioner’s motion for ruling on the record, concluding that petitioner suffered
from SIRVA as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 25.
The same day, Chief Special Master Corcoran issued a ruling on entitlement, finding that
petitioner was entitled to compensation for a SIRVA Table injury. ECF No. 26.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:21-vv-00373-UNJ Document 35 Filed 06/08/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $134,867.76, consisting of $130,000.00 for past pain and suffering and $4,867.76
for out-of-pocket expenses. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $134,867.76 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-00373-UNJ Document 35 Filed 06/08/23 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: May 8, 2023
3