VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00514
Package ID: USCOURTS-cofc-1_24-vv-00514
Petitioner: Kimberley Cabbell
Filed: 2025-02-05
Decided: 2025-03-14
Vaccine: Tdap
Vaccination date: 2023-05-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 104419

AI-assisted case summary:
Kimberley Cabbell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following a tetanus, diphtheria, and pertussis (Tdap) vaccination on May 30, 2023. She claimed the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Cabbell is entitled to compensation, agreeing that her injury is consistent with a SIRVA as defined by the Vaccine Injury Table and that all other legal requirements were met. A ruling on entitlement was issued on February 5, 2025, finding her entitled to compensation. Subsequently, on February 6, 2025, the respondent filed a proffer on award of compensation. The parties agreed to an award of $100,000.00 for pain and suffering and $111.20 for past unreimbursable expenses, totaling $100,111.20. Additionally, $4,308.18 was awarded to satisfy a State of Virginia Medicaid lien. The Chief Special Master issued a decision awarding these amounts on March 14, 2025, for a total award of $104,419.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00514-0
Date issued/filed: 2025-03-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/05/2025) regarding 27 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00514-UNJ Document 37 Filed 03/11/25 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-514V
KIMBERLEY CABBELL, Chief Special Master Corcoran
Petitioner, Filed: February 5, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 4, 2024, Kimberley Cabbell 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 “Table Injury” consisting of a
shoulder injury related to vaccine administration (“SIRVA”) following a tetanus, diphtheria
and pertussis (“Tdap”) vaccination received on May 30, 2023. Petition at 1. Petitioner
further alleges that she suffered the residual effects of her injury for more than six months,
and that there has been no prior award or settlement of a civil action on her behalf as a
result of her injury. Petition at 1, 6. 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 1:24-vv-00514-UNJ Document 37 Filed 03/11/25 Page 2 of 2
On January 3, 2025, 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 7. Respondent further agrees that
Petitioner has suffered the sequela of her injury for more than six months and all other
legal requirements have been met for compensation under the Act. 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_24-vv-00514-1
Date issued/filed: 2025-03-14
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 02/11/2025) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00514-UNJ Document 38 Filed 03/14/25 Page 1 of 6
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-514V
KIMBERLEY CABBELL, Chief Special Master Corcoran
Petitioner, Filed: February 11, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 4, 2024, Kimberley Cabbell 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 tetanus-diphtheria-acellular pertussis vaccine
administered on May 30, 2023. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 5, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On February 6, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $100,111.20
(comprised of $100,000.00 for pain and suffering, and $111.20 for past unreimbursable
expenses), and $4,308.18 to satisfy a State of Virginia Medicaid lien. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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 1:24-vv-00514-UNJ Document 38 Filed 03/14/25 Page 2 of 6
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 the following
compensation:
• A lump sum of $100,111.20 (comprised of $100,000.00 for pain and
suffering, and $111.20 for past unreimbursable expenses) to be paid
through an ACH deposit to Petitioner’s counsel’s IOLTA account for
prompt disbursement to Petitioner.
• A lump sum of $4,308.18, representing compensation for satisfaction
of Commonwealth of Virginia Medicaid lien, in the form of a check
payable jointly to petitioner and:
Department of Medical Assistance.
Commonwealth of VA COV – DMAS
PO Box 780209
Philadelphia, PA 19178-0209
Petitioner agrees to endorse the check to the Department of Medical
Assistance for satisfaction of the Medicaid lien.
Proffer at 3.
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 1:24-vv-00514-UNJ Document 38 Filed 03/14/25 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KIMBERLY CABBELL, )
)
Petitioner, )
) No. 24-514V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 4, 2024, Kimberly Cabbell (“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”), she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as
the result of a tetanus, diphtheria and pertussis (“Tdap”) vaccination received on May 30, 2023.
Petition at 1. On February 2, 2025, 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 injury, and on February 5, 2025, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00514-UNJ Document 38 Filed 03/14/25 Page 4 of 6
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 $111.20. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Virginia’s Medicaid lien in the amount of $ 4,308.18, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Virginia may have
against any individual as a result of any Medicaid payments the State of Virginia has made to or
on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in
this case as a result of her alleged vaccine-related injury suffered on or about May 30, 2023,
under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
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
lump sum payments as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following:1
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 lost earnings
and future pain and suffering.
2

Case 1:24-vv-00514-UNJ Document 38 Filed 03/14/25 Page 5 of 6
A. A lump sum payment of $100,111.20 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
B. A lump sum payment of $4,308.18, representing compensation for satisfaction of
Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to
petitioner and:
Department of Medical Assistance.
Commonwealth of VA COV – DMAS
PO Box 780209
Philadelphia, PA 19178-0209
Petitioner agrees to endorse the check to the Department of Medical Assistance for
satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Acting 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
/s/ Shelly Jock
SHELLY JOCK
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3155
shellyjock@usdoj.gov
DATED: February 6, 2025
3

Case 1:24-vv-00514-UNJ Document 38 Filed 03/14/25 Page 6 of 6
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