VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00445
Package ID: USCOURTS-cofc-1_25-vv-00445
Petitioner: Roberta Fox-Mable
Filed: 2025-03-07
Decided: 2025-09-30
Vaccine: Tdap
Vaccination date: 2022-05-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
On March 7, 2025, Roberta Fox-Mable filed a petition alleging a left shoulder injury related to vaccine administration after a Tdap vaccination on May 2, 2022. The public entitlement ruling does not give her exact age or describe her treatment course, but it presents the claim as an adult petition filed in her own name.

Respondent conceded entitlement on September 26, 2025. The concession stated that Ms. Fox-Mable had no prior left shoulder pain, inflammation, or dysfunction; that shoulder pain occurred within 48 hours after vaccination; that pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained her symptoms; and that the residual effects lasted more than six months.

On September 30, 2025, Chief Special Master Brian H. Corcoran found Ms. Fox-Mable entitled to compensation. Damages remain pending in the public record. She was represented by Jeffrey S. Pop, and respondent by Crystal Fialkowski.

Theory of causation field:
Tdap vaccine, May 2, 2022, adult inferred, alleged left SIRVA. ENTITLEMENT GRANTED; damages pending. Respondent conceded Table SIRVA on September 26, 2025: no prior left shoulder pain/inflammation/dysfunction, pain within 48 hours, pain and reduced ROM limited to left shoulder, no other condition identified, residual effects longer than six months. Public ruling does not provide treatment, imaging, or functional story. Chief Special Master Corcoran September 30, 2025. Attorney Jeffrey S. Pop; respondent Crystal Fialkowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00445-0
Date issued/filed: 2025-10-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/30/2025) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:25-vv-00445-UNJ Document 18 Filed 10/30/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0445V
ROBERTA FOX-MABLE,
Chief Special Master Corcoran
Petitioner,
v. Filed: September 30, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 7, 2025, Roberta Fox-Mable 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 left shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as
the result of a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination received
on May 2, 2022. Petition at 2. Petitioner further alleges that she suffered the residual
symptoms of her injury for more than six months. Petition at 7. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On September 26, 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)
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 1:25-vv-00445-UNJ Document 18 Filed 10/30/25 Page 2 of 2
Report at 1. Specifically, Respondent states that “petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of her left shoulder prior to intramuscular vaccine
administration that would explain the alleged signs, symptoms, examination findings,
and/or diagnostic studies occurring after vaccine injection of the shoulder prior to
vaccination; pain occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced range of motion was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain.” Id. at 8. Respondent further agrees that Petitioner
suffered the residual effects of her condition for more than six months. 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
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