VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00597
Package ID: USCOURTS-cofc-1_23-vv-00597
Petitioner: Margarita Zabala
Filed: 2023-04-27
Decided: 2024-07-16
Vaccine: tetanus-diphtheria
Vaccination date: 2022-01-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 64303

AI-assisted case summary:
Margarita Zabala filed a petition for compensation under the National Vaccine Injury Compensation Program on April 27, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria vaccine on January 23, 2022. The petition stated that the vaccine was administered in the United States, that the residual effects of her injury lasted more than six months, and that she had received no prior award or compensation. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 4, 2024, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Zabala was entitled to compensation. The respondent concluded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. On March 12, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Zabala entitled to compensation. Subsequently, on June 11, 2024, the respondent filed a proffer on the award of compensation, indicating that Ms. Zabala should be awarded $64,302.97. This amount included $62,500.00 for pain and suffering and $1,802.97 for past unreimbursed expenses. The proffer stated that Ms. Zabala agreed with the proffered award. On June 14, 2024, Chief Special Master Corcoran issued a decision awarding Ms. Zabala a lump sum payment of $64,302.97, payable by check to Ms. Zabala. This award represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Camille Jordan Webster of the U.S. Department of Justice. The public decision was issued on July 16, 2024.

Theory of causation field:
Petitioner Margarita Zabala alleged a shoulder injury related to vaccine administration (SIRVA) following a tetanus-diphtheria vaccine administered on January 23, 2022. The respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The public text does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Camille Jordan Webster. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 12, 2024, finding petitioner entitled to compensation. A subsequent decision on June 14, 2024, awarded petitioner a total of $64,302.97, comprised of $62,500.00 for pain and suffering and $1,802.97 for past unreimbursed expenses, as stipulated by the parties.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00597-0
Date issued/filed: 2024-04-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/12/2024) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00597-UNJ Document 24 Filed 04/17/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-597V
MARGARITA ZABALA, Chief Special Master Corcoran
Petitioner, Filed: March 12, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 27, 2024, Margarita Zabala 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 an tetanus-diphtheria vaccine administered on
January 23, 2022. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she suffered the residual effects of her injury
for more than six months, and that she has received no award or compensation as a
result of her injury. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
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), 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 1:23-vv-00597-UNJ Document 24 Filed 04/17/24 Page 2 of 2
On March 4, 2024, 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 has concluded that Petitioner’s injury is consistent with a SIRVA
as defined by the Vaccine Injury Table. Id. at 4. Respondent further agrees that Petitioner
has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 4-5.
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_23-vv-00597-1
Date issued/filed: 2024-07-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/14/2024) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00597-UNJ Document 30 Filed 07/16/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-597V
MARGARITA ZABALA, Chief Special Master Corcoran
Petitioner, Filed: June 14, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 27, 2023, Margarita Zabala 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 a tetanus-diphtheria vaccine administered on
January 23, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On March 12, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On June 11, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $64,302.97 (comprised
of $62,500.00 for pain and suffering and $1,802.97 for past unreimbursed expenses).
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
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 1:23-vv-00597-UNJ Document 30 Filed 07/16/24 Page 2 of 5
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 $64,302.97 (comprised of $62,500.00 for pain and suffering and
$1,802.97 for past unreimbursed 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 1:23-vv-00597-UNJ Document 30 Filed 07/16/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARGARITA ZABALA,
Petitioner, No. 23-597V
Chief Special Master Brian H. Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 27, 2023, Margarita Zabala (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the
“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received a tetanus-
diphtheria (“Td”) vaccination on January 23, 2022, and thereafter suffered from a right shoulder
injury related to vaccine administration (“SIRVA”). Petition at 1.
On March 4, 2024, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the
Act for a SIRVA Table injury, and on March 12, 2024, the Chief Special Master issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 20; ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00597-UNJ Document 30 Filed 07/16/24 Page 4 of 5
B. Past Unreimbursable Expenses
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 $1,802.97. 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 Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $64,302.97, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Margarita Zabala: $64,302.97
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
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.
2

Case 1:23-vv-00597-UNJ Document 30 Filed 07/16/24 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/CAMILLE J. WEBSTER
CAMILLE J. WEBSTER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, D.C. 20044-0146
Direct dial: (202) 307-3241
Email: Camille.Webster@usdoj.gov
Dated: June 11, 2024
3