Amy Capesius v. HHS - Influenza, shoulder injury (2018)

Amy Capesius filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury as a result of an influenza vaccine she received on November 11, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Capesius's injury was consistent with bursitis and was caused-in-fact by the vaccination. The respondent also agreed that the statutory requirements for compensation were met.

Based on this concession, a ruling on entitlement was issued, finding Ms. Capesius entitled to compensation.

Subsequently, the parties filed a proffer on award of compensation, agreeing to a lump sum payment of $105,986.53. This amount was intended to cover all elements of compensation available under the Vaccine Act.

The Chief Special Master issued a decision awarding this amount to Ms. Capesius, who is a competent adult.

The case was resolved through a stipulated award based on the respondent's concession of entitlement and causation.