VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00108
Package ID: USCOURTS-cofc-1_17-vv-00108
Petitioner: Jeffrey Caputo
Filed: 2017-01-23
Decided: 2018-04-09
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: right shoulder injury that included an impingement syndrome, bicipital tendonitis, supraspinatus tendinosis, deltoid tendonitis, a rotator cuff arthropathy/tear, acromioclavicular synovitis, and bicipital tenosynovitis
Outcome: compensated
Award amount USD: 77403

AI-assisted case summary:
Jeffrey Caputo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received a flu vaccine on October 2, 2015, and subsequently suffered a right shoulder injury. His alleged injuries included impingement syndrome, bicipital tendonitis, supraspinatus tendinosis, deltoid tendonitis, a rotator cuff arthropathy/tear, acromioclavicular synovitis, and bicipital tenosynovitis. The respondent conceded that Caputo was entitled to compensation, agreeing that his injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccination. The respondent also confirmed that there was no other identified cause for the injury and that Caputo suffered residual effects for more than six months. A ruling on entitlement was issued on November 30, 2017, finding Caputo entitled to compensation. Subsequently, on April 9, 2018, a decision awarding damages was issued based on a proffer from the respondent. The parties agreed to a lump sum payment of $77,403.96 to compensate Caputo for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00108-0
Date issued/filed: 2018-03-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/30/2017) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00108-UNJ Document 40 Filed 03/01/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-108V
Filed: November 30, 2017
UNPUBLISHED
JEFFREY CAPUTO,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 23, 2017, 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 a flu vaccine on October 2, 2015,
and that he subsequently suffered a right shoulder injury that included an impingement
syndrome, bicipital tendonitis, supraspinatus tendinosis, deltoid tendonitis, a rotator cuff
arthropathy/tear, acromioclavicular synovitis, and bicipital tenosynovitis. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 30, 2017, respondent filed his Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
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 1:17-vv-00108-UNJ Document 40 Filed 03/01/18 Page 2 of 2
4(c) Report at 1. Specifically, respondent has determined that petitioner’s alleged injury
is consistent with a shoulder injury related to vaccine administration (“SIRVA”) that was
caused by the administration of petitioner’s flu vaccination. Although there is some
evidence that petitioner has arthritic changes in his shoulder joint, he was entirely
asymptomatic before his vaccination, so that does not present a legal alternative cause.
Id. at 4. Respondent further agrees that no other cause for petitioner’s injury was
identified, that he suffered residual effects of his condition for more than six months, and
that all legal prerequisites to compensation under the Vaccine Act have been satisfied.
Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00108-1
Date issued/filed: 2018-04-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/18/2018) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00108-UNJ Document 42 Filed 04/09/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0108V
Filed: January 18, 2018
UNPUBLISHED
JEFFREY CAPUTO,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 23, 2017, 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 a flu vaccine on October 2, 2015,
and that he subsequently suffered a right shoulder injury that included an impingement
syndrome, bicipital tendonitis, supraspinatus tendinosis, deltoid tendonitis, a rotator cuff
arthropathy/tear, acromioclavicular synovitis, and bicipital tenosynovitis. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 30, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for his shoulder injury. On January 18, 2018, respondent filed
a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$77,403.96. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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 1:17-vv-00108-UNJ Document 42 Filed 04/09/18 Page 2 of 4
with the proffered award. 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 a lump sum payment of $77,403.96 in the form of a check payable to
petitioner, Jeffrey Caputo. This amount represents compensation for all damages
that would be available under § 15(a).
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

Case 1:17-vv-00108-UNJ Document 42 Filed 04/09/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEFFREY CAPUTO,
Petitioner, No. 17-108V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On January 23, 2017, Jeffrey Caputo (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on November 30, 2017. Based on Respondent’s Rule
4(c) Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$77,403.96, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. §300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $77,403.96, in the form of a check made payable to petitioner. 1
Petitioner agrees.
1 Should petitioner die prior to the 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, future lost earnings, and future pain and suffering.
1

Case 1:17-vv-00108-UNJ Document 42 Filed 04/09/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: January 18, 2018
2