VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00666
Package ID: USCOURTS-cofc-1_16-vv-00666
Petitioner: Stephen Capozzoli
Filed: 2017-08-21
Decided: 2018-01-29
Vaccine: influenza
Vaccination date: 2014-10-20
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00666-0
Date issued/filed: 2018-01-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/21/2017) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00666-UNJ Document 36 Filed 01/29/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-666V
Filed: August 21, 2017
UNPUBLISHED
STEPHEN CAPOZZOLI,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Paul Elias Werner, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 6, 2016, petitioner 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 he suffered a right shoulder injury caused in fact by the
influenza vaccine he received on October 20, 2014. Petition at ¶¶ 2, 4, 14; Stipulation,
filed August 21, 2017, at ¶¶ 2, 4. Petitioner further alleges he received the vaccine in
the United States, suffered the residual effects of his injury for more than six months,
and that he has never received compensation for his injury alleged to be vaccine
caused. Petition at ¶¶ 2, 4, 13, 15; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner’s alleged shoulder injury and residual effects were caused-in-fact by the flu
vaccine . . . [and] further denies that the flu vaccine caused petitioner any other injury or
his current condition.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00666-UNJ Document 36 Filed 01/29/18 Page 2 of 7
Nevertheless, on August 21, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $50,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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

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