Stephen Capozzoli v. HHS - Influenza, right shoulder injury (2018)

Filed 2017-08-21Decided 2018-01-29Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Stephen Capozzoli filed a petition for compensation under the National Vaccine Injury Compensation Program on August 21, 2017. He alleged that he suffered a right shoulder injury caused by the influenza vaccine he received on October 20, 2014.

Mr. Capozzoli stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had not received prior compensation for his alleged vaccine-caused injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Capozzoli's alleged shoulder injury or any other condition.

Despite the denial, on August 21, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Stephen Capozzoli was awarded a lump sum of $50,000.00, payable to him, as compensation for all items of damages. The decision was issued on January 29, 2018.

Paul R. Brazil represented the petitioner, and Paul Elias Werner represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The specific theory of causation is not detailed in the public decision.

Theory of causation

Petitioner Stephen Capozzoli alleged that a right shoulder injury was caused in fact by an influenza vaccine received on October 20, 2014. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Chief Special Master adopted the stipulation as the decision. Petitioner was awarded $50,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, not litigation on the merits of causation. Attorneys involved were Paul R. Brazil for the petitioner and Paul Elias Werner for the respondent. Chief Special Master Nora Beth Dorsey issued the decision on January 29, 2018, based on a stipulation filed August 21, 2017.

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