VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00711
Package ID: USCOURTS-cofc-1_23-vv-00711
Petitioner: Abigail La Croix
Filed: 2023-05-12
Decided: 2025-08-20
Vaccine: Tdap
Vaccination date: 2022-04-01
Condition: cellulitis and shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 89400

AI-assisted case summary:
On May 12, 2023, Abigail La Croix filed a petition alleging that a Tdap vaccination administered on April 1, 2022 caused cellulitis and a shoulder injury related to vaccine administration. The public stipulation also referenced a same-day COVID-19 vaccination, which is outside the Vaccine Program, and included a waiver and release of related CICP claims.

Ms. La Croix alleged both a Tdap-caused cellulitis injury and SIRVA-type shoulder injury lasting longer than six months. Respondent denied that she suffered a Table SIRVA, denied that Tdap caused her shoulder injury, cellulitis, or any other injury, and denied vaccine-related sequelae. The public stipulation does not provide onset details, diagnostic findings, antibiotic or shoulder treatment, imaging, injections, therapy, or expert analysis.

On August 20, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation. The total award was $89,400.00: $82,400.00 payable by ACH deposit to counsel's IOLTA account for prompt disbursement, and $7,000.00 payable to NYC HRA/DSS Liens and Recovery for a New York Medicaid lien. Ms. La Croix was represented by Jeffrey S. Pop and Alexandra Pop.

Theory of causation field:
Tdap vaccine, April 1, 2022, adult exact age not stated, alleged cellulitis caused-in-fact and SIRVA; public stipulation also noted a same-day COVID-19 vaccine outside the VICP and a CICP waiver/release. COMPENSATED by stipulation for total $89,400: $82,400 by ACH to counsel's IOLTA account and $7,000 New York Medicaid lien to NYC HRA/DSS Liens and Recovery. Respondent denied Table SIRVA, Tdap causation, and vaccine-related sequelae. Chief Special Master Corcoran, August 20, 2025. Attorneys Jeffrey S. Pop and Alexandra Pop.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00711-0
Date issued/filed: 2025-10-01
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 08/20/2025) regarding 48 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0711V
ABIGAIL LA CROIX, Chief Special Master Corcoran
Petitioner, Filed: August 20, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 12, 2023, Abigail La Croix 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”) following a Tdap vaccination she received on April 1, 2022.
Petition at 1; Stipulation, filed at August 19, 2025, ¶¶ 2, 4. Petitioner further alleges that
her ”left shoulder injury from the Tdap vaccination . . . has lasted more than six (6) months
and continues to this day”. Petition at ¶ 48; See also Stipulation at ¶ 4. “Respondent
denies that Petitioner sustained a SIRVA Table injury; denies that the Tdap vaccine
caused Petitioner’s alleged shoulder injury, cellulitis, or any other injury; and denies that
Petitioner’s current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on August 19, 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 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 2 of 9
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
(cid:120) A lump sum of $82,400.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
at ¶ 8(a). This amount represents compensation for all items of damages that
would be available under Section 15(a). Id.; and
(cid:120) A lump sum of $7,000.00, representing reimbursement of a Medicaid lien for
services rendered to Petitioner by the State of New York, in the form of a
check payable jointly to Petitioner and the New York Department of Social
Services at New York City Human Resources Administration, Department of Liens
and Recovery, Case No. 1019403, P.O. Box 414799, Boston, MA 02241-4799.
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 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ABIGAIL LA CROIX,
Petitioner, No. 23-71 IV
Chief Special Master Corcoran
ECF
V.
SECRETARY Of HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Abigail La Croix ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 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. § I00.3(a)
2. Petitioner received a Tdap vaccine on April I, 2022.1
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner suffered cellulitis that was caused-in-fact by the Tdap
vaccine and a shoulder injury related to vaccine administration ("SIRVA") within the time
1 On April 1, 2022, petitioner also received a COVID-19 vaccine. Vaccines against COVJD-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. §
I0 0.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed.
Reg. 15 I 98, 15202 ( March 17, 2020).

Case 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 4 of 9
period set forth in the Table following administration of the vaccine. Petitioner further alleges
that petitioner suffered the residual effects of the alleged injuries for more than six months.
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 injuries.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner's alleged shoulder injury, cellulitis, 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 ofj udgment 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-2 I( a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of$82,400.00 to be paid through an ACH deposit to
petitioner's counseP s IOL TA account for prompt disbursement to
petitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
b. A lump sum of $7,000.002 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of New York, in the form of a check
payable jointly to petitioner and the New York Department of Social Services:
2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of New York may have against any individual as a result of any
Medicaid payments the State of New York has made to or on behalf of petitioner as a result of
petitioner's alleged injury relating to a vaccine administered on April I, 2022, under Title XIX of
the Social Security Act, see 42 U.S.C. § 300aa-l S(g), (h).
2

Case 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 5 of 9
New York City
Human Resources Administration
Division of Liens and Recovery
Case No. 1019403
P.O. Box 414799
Boston, MA 02241-4799
Petitioner agrees to endorse this check to the New York Department of Social Services.
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-2 l(a)(I ), 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.
IO. 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-15(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. § I 396 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-1 S(i), subject
to the availability of sufficient statutory funds.
I2 . 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-1 S(g) and (h).
3

Case 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 6 of 9
l3. 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
assigns, (a) 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
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 that may be alleged to have resulted from, the vaccinations
administered on April I, 2022, and (ii) that petitioner has had, now has, or hereafter may have
with respect to the injury that gave rise to the petition for vaccine compensation filed on or about
May 12, 2023, in the United States Court of Federal Claims as petition No. 23-711 V; and (b)
waives any and all rights to any compensation that may be available under the Countermeasures
Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. §
247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVJD-19
vaccination administered on April I, 2022, on its own or in combination with the Tdap
vaccination administered on April I, 2022, caused or seriously aggravated the injuries that were
the subject of the petition for vaccine compensation filed on or about May 12, 2023, in the
United States Court of Federal Claims as petition 23-711 V, including cellulitis or a SI RV A, for
which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a
claim currently pending with the CICP, petitioner hereby withdraws such claim for
4

Case 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 7 of 9
compensation in the CICP. 3 1f no claim for compensation has been filed in the CICP as of the
date this Stipulation is filed, petitioner waives the right to file a claim as described in this
paragraph for compensation in the CICP.
14. If petitioner should die prior to entry of judgment, 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.
t 6. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine [njury Act of 1986, 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
amount of damages, and further, that a change in the nature of the 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 injury
or any other injury or petitioner's current disabilities.
3 After entry ofj udgment reflecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
5

Case 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 8 of 9
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:23-vv-00711-UNJ Document 52 Filed 10/01/25 Page 9 of 9
Respectfully submitted.
PETITIONER:
Al TORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~ A~~E~ RLMAN . -
Alexandra B. Pop, Esq. Deputy Director
Jeffrey S. Pop & Associates Torts Branch
91 50 Wilshire Blvd., Suite 24 t Civil Division
Beverly Hills, CA 902 l2 U.S. Department of Justice
{310) 273-5462 P.O. Box 146
(310) 274-7749 Fax Benjamin Franklin Station
Email: jpop@poplawyer.com Washington, DC 20044-0 l 46
AUTHORIZED REPRESENTATIVE ATTORNEY Of' R£CORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HlJMAN SERVICES:
s.
Jeffrey
ft;~t~gned by Jeffrey
-5
Beach Oate:2025.08.0608:30:58
.04•00· for
CAPT GEORGE REED GRIMES, MO, MPH ~ ~ -'---:Ac"-- """''
Director, Division of Injury Trial Attorney
Compensation Progrnms Torts Branch
J lealth Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington. DC 20044-0146
5600 Fishers Lane, 08W-25A 202-616-4179
Rockville, MD 20857 alexa.roggcnkamp@usdoj.gov
4,
Dated: ,i,,l_ _
~_ 1._.,.Sc_- __