VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01421
Package ID: USCOURTS-cofc-1_17-vv-01421
Petitioner: Amy Capesius
Filed: 2017-10-03
Decided: 2018-12-12
Vaccine: influenza
Vaccination date: 2016-11-11
Condition: shoulder injury
Outcome: compensated
Award amount USD: 105986

AI-assisted case summary:
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.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01421-0
Date issued/filed: 2018-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/03/2018) regarding 35 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01421-UNJ Document 43 Filed 10/31/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1421V
Filed: October 3, 2018
UNPUBLISHED
AMY CAPESIUS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Bursitis
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 3, 2017, Amy Capesius (“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 that she suffered a shoulder injury as
a result of an influenza (“flu”) vaccine she received on November 11, 2016. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 2, 2018, 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 “petitioner’s alleged injury is consistent with bursitis. DICP
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-01421-UNJ Document 43 Filed 10/31/18 Page 2 of 2
further agrees that petitioner’s bursitis was caused-in-fact by the influenza vaccination
she received on November 11, 2016. No other causes for petitioner’s bursitis were
identified.” Id. at 4. Respondent further agrees that “the statutory six month sequela
requirement has been satisfied” and thus, “petitioner has satisfied all legal prerequisites
for compensation under the Act.” 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-01421-1
Date issued/filed: 2018-12-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/05/2018) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01421-UNJ Document 48 Filed 12/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1421V
Filed: October 5, 2018
UNPUBLISHED
AMY CAPESIUS,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Bursitis
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 3, 2017, Amy Capesius (“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 she suffered a shoulder injury as a
result of an influenza (“flu”) vaccine she received on November 11, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 3, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On October 4, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $105,986.53. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
award. Petitioner also filed an Acceptance of Proffer Notice on October 4, 2018. ECF
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-01421-UNJ Document 48 Filed 12/12/18 Page 2 of 4
No. 38. 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 $105,986.53, in the form of a check payable to
petitioner, Amy Capesius. This amount represents compensation for all damages that
would be available under § 300aa-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-01421-UNJ Document 48 Filed 12/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AMY CAPESIUS, )
)
Petitioner, )
)
v. ) No. 17-1421V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 2, 2018, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on October 3, 2018, the
Chief Special Master issued a Ruling on Entitlement.
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$105,986.53. This amount 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
The parties recommend that the compensation provided to petitioner should be made as a
lump sum payment of $105,986.53, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:17-vv-01421-UNJ Document 48 Filed 12/12/18 Page 4 of 4
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
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/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: October 4, 2018
2