James Caperton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

On September 26, 2016, James Caperton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on October 21, 2015, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

On April 28, 2017, the respondent filed a Rule 4(c) report conceding that Mr. Caperton was entitled to compensation.

The respondent concluded that the alleged injury was consistent with a SIRVA and that the evidence established that the SIRVA was caused in fact by the influenza vaccine administered on October 21, 2015. The respondent also agreed that Mr.

Caperton met the statutory requirements for entitlement. On May 1, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Mr.

Caperton entitled to compensation. Subsequently, on May 31, 2019, the parties submitted a proffer on the award of compensation.

The respondent proffered that Mr. Caperton should be awarded $143,867.59, which included $110,000.00 for pain and suffering, $7,204.60 for lost wages, and $26,662.99 for unreimbursable expenses.

Mr. Caperton agreed with the proffered award.

Chief Special Master Dorsey issued a decision on August 14, 2019, awarding Mr. Caperton the proffered amount.

The award was structured as three lump sum payments: $117,384.60 payable to James Caperton; $23,121.99 payable jointly to James Caperton and Novant Health Kernersville Medical Center; and $3,361.00 payable jointly to James Caperton and Piedmont Triad Anesthesia. The unreimbursable expenses portion of the award included $180.00 payable directly to Mr.

Caperton. Petitioner counsel was Paul Brazil of Muller Brazil, LLP, and respondent counsel was Camille Collett of the U.S.

Department of Justice.