VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01202
Package ID: USCOURTS-cofc-1_16-vv-01202
Petitioner: James Caperton
Filed: 2016-09-26
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2015-10-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 143867

AI-assisted case summary:
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.

Theory of causation field:
Petitioner James Caperton received an influenza vaccine on October 21, 2015, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and was caused in fact by the vaccine. The case proceeded to a ruling on entitlement on May 1, 2017, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. A subsequent proffer on damages was filed on May 31, 2019, by respondent Camille Collett, with petitioner represented by Paul Brazil. The parties agreed to an award of $143,867.59, comprising $110,000.00 for pain and suffering, $7,204.60 for lost wages, and $26,662.99 for unreimbursable expenses. The award was structured as three lump sum payments. The public decision does not detail the specific medical experts, clinical presentation, onset, symptoms, diagnostic tests, treatments, or the precise mechanism of injury beyond the general "Table" category for SIRVA. The decision was issued on August 14, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01202-0
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/01/2017) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01202-UNJ Document 39 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1202V
Filed: May 1, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES CAPERTON, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 26, 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 received an influenza (“flu”) vaccine on
October 21, 2015, and subsequently suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 28, 2017, 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 concluded that petitioner’s alleged injury is consistent with
a SIRVA, and that a preponderance of evidence establishes that his SIRVA was caused
in fact by the flu vaccine he received on October 21, 2015. Id. at 3. Respondent further
1 Because this unpublished ruling 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-01202-UNJ Document 39 Filed 12/11/17 Page 2 of 2
agrees that petitioner has met the statutory requirements for entitlement to
compensation. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01202-1
Date issued/filed: 2019-08-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/31/2019) regarding 68 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01202-UNJ Document 77 Filed 08/14/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1202V
Filed: May 31, 2019
UNPUBLISHED
JAMES CAPERTON,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 26, 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 shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on October
21, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 1, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On May 31, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $143,867.59, including
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-01202-UNJ Document 77 Filed 08/14/19 Page 2 of 5
$110,000.00 in pain and suffering, $7,204.60 in lost wages, and $26,662.99 in
unreimburseable expenses.3 Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Id. Based on the record as a whole, the
undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner the following:
1. A lump sum payment of $117,384.60 in the form of a check payable to
petitioner, James Caperton. This amount represents compensation for all
damages that would be available under § 15(a).
2. A lump sum payment of $23,121.99, payable jointly to petitioner and to:
Novant Health Kernersville Medical Center
P.O. Box 11549
Winston-Salem, NC 27116
Account No: 2800179305
Petitioner agrees to endorse the payment to Novant Health Kernersville Medical Center.
3. A lump sum payment of $3,361.00, payable jointly to petitioner and to:
Piedmont Triad Anesthesia
145 Kimel Park Drive, Suite 120
Winston-Salem, NC 27103
Account No: 242125
Petitioner agrees to endorse the payment to Piedmont Triad Anesthesia.
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The award for past unreimbursable expenses is to be paid as follows: $180.00 payable directly to petitioner, James
Caperton; $23,121.99 payable jointly to petitioner and Novant Health; and $3,361.00 payable jointly to petitioner
and Piedmont Triad Anesthesia. See Proffer at 1 n.1.
4 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 1:16-vv-01202-UNJ Document 77 Filed 08/14/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES CAPERTON, )
)
)
Petitioner, ) No. 16-1202V
) Chief Special Master
v. ) Nora Beth Dorsey
)
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S AMENDED PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
On April 28, 2017, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On May 1, 2017, Chief Special Master
Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”).
Respondent proffers that, based on the evidence of record, petitioner, James Caperton,
should be awarded $143,867.59, including $110,000.00 in pain and suffering, $7,204.60
in lost wages, and $26,662.991 in unreimburseable expenses. This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
1 The award for past unreimbursable expenses is to be paid as follows: $180.00 payable
directly to petitioner, James Caperton; $23,121.99 payable jointly to petitioner and
Novant Health; $3,361.00 payable jointly to petitioner and Piedmont Triad Anesthesia.

Case 1:16-vv-01202-UNJ Document 77 Filed 08/14/19 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be
made through three lump sum payments as described below, and request that the special
master’s decision and the Court’s judgment award the following:2
(1) A lump sum payment of $117,384.60 in the form of a check payable to
petitioner, James Caperton. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled; and
(2) A lump sum payment of $23,121.99, payable jointly to petitioner and to:
Novant Health Kernersville Medical Center
P.O. Box 11549
Winston-Salem, NC 27116
Account No: 2800179305
Petitioner agrees to endorse the payment to Novant Health Kernersville Medical Center.
(3) A lump sum payment of $3,361.00, payable jointly to petitioner and to:
Peidmont Triad Anesthesia
145 Kimel Park Drive, Suite 120
Winston-Salem, NC 27103
Account No: 242125
Petitioner agrees to endorse the payment to Piedmont Triad Anesthesia.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
2 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 medical expenses, and future pain and suffering.
2

Case 1:16-vv-01202-UNJ Document 77 Filed 08/14/19 Page 5 of 5
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Camille M. Collett
CAMILLE M. COLLETT
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) 616-4356
Dated: May 31, 2019
3