VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00484 Package ID: USCOURTS-cofc-1_23-vv-00484 Petitioner: Richard Capps Filed: 2023-04-07 Decided: 2025-12-02 Vaccine: influenza Vaccination date: 2020-10-31 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: On April 7, 2023, Richard Capps filed a petition alleging that an influenza vaccination administered on October 31, 2020 caused a shoulder injury related to vaccine administration. The public stipulation identifies him as an adult but does not state an exact age. Respondent denied that Mr. Capps sustained a Table SIRVA, denied that the vaccine caused his shoulder injury or any other injury, and denied that his current condition was vaccine-related. The public text does not describe symptom onset, treatment, imaging, injections, therapy, or functional limitations. On December 2, 2025, Chief Special Master Corcoran adopted the parties' stipulation and awarded $40,000.00 as a lump sum through counsel for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; influenza vaccine October 31, 2020; alleged SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA and causation; public text lacks clinical chronology. Decision December 2, 2025. Award $40,000.00 lump sum. Petition filed April 7, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00484-0 Date issued/filed: 2026-01-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/02/2025) regarding 46 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-484V RICHARD CAPPS, Chief Special Master Corcoran Petitioner, v. Filed: December 2, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Philip James Roth, Jr., Marshall, Roth & Gregory, PC, Asheville, NC, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 7, 2023, Richard Capps filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On October 31, 2020, Petitioner received an influenza (“flu”) vaccine, a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that he sustained a shoulder injury related to vaccine administration (“SIRVA”) as defined in the Table; he further alleges that the flu vaccine caused his alleged shoulder injury, and that he suffered the residual effects of his alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged injury, or any other injury, and further denies that Petitioner’s current condition is a sequela of a vaccine-related injury. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 2 of 7 Nevertheless, on December 1, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $40,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RICHARD CAPPS, Petitioner, V. No. 23-484V Chief Special Master Corcoran SECRETARY OF HEAL TH AND ECF HUMAN SERVICES. Respondent. STIPllL+\TIQf:S The parties hereby stipulate to the follO\\ ing matters: I. On April 7. 2023. Richard Capps ( .. petitioner .. ). tiled a petition for vaccine compensation under the National Vaccine Injury Compensation Program. -+2 l.1.S.C. ~ J00aa-10 t\) -3-+ (the ··Vaccine Program··). The petition seeks compensation !'or injuries ullegcdly related to petitio11er·s receipt nt' an intluen;a (··t1u··1 \·accine. \\hich \·accine is contained in the Vuccine Injury Table (the ·Table .. ). 42 C.F.R. ~ 100.3(aJ. 1 Petitioner receiYed a flu vaccine on October 31. 2020. 3. The ,accine v:as administered within the linited States. 4. Petitioner alleges that he sustained a shoulder injury related to \·accine administration c·s1 RVA .. l within the rime period set forth in the Table. He further alleges that he e:,;perienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior a\,·ard or settlement or a Ci\ ii action for damages on his behalf as a result of his alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury: denies that the Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 4 of 7 flu, accine caused pctitioner·s alleged shoulder injury. or any other injury: and denies that his current condition is a sequela a \ accine-rclated injury. l)r 7. Maintaining their ab()\ e-stated positions. the parties nc, ertht:less no\.\ agree that the issues between them shall be seukc.l and that a decision should be entered awarding the compensation described in paragruph 8 ol°this Stipulation. 8. As Sl)On as pra1.:ti1.:able alter an entr: ot"_judgment relle1.:ting a decisil)n consistelll with the terms of this Stipulation. and after petitioner has tiled an election to n:cei,e cnmprnsali()n pursuant to 42 l '.S.C. ~ 300aa-2 I (a)( I). the Secretar::, or I kallh and I luman A lump sum payment of $40,000.00 to be paid through an ACH deposit to petitioner·s counsel"s IOLT A account for prompt disbursement to petitioner. This amount represents compensation for all damages that 'vVOLild be available under 42 U .S.C. §300aa-I 5(a). 9. ;\s soon as practicable after the cmr:-, ofjuJgment on entitlement in this case. and after petitioner has likd both a proper and limel: election to receive compl.!nsation pursuant to 42 IJ.S.C. ~ 300;1a-21 t:1)( I). and an application. the parties\\ ill submit tn further pn)Ceedings hL' 1·ore the spcc i:il master to rl\\ ard reasonable atl(ll·neys • fees and wsts in1.:u1-rcd in proceeding uplrn this petition. I 0. Petitioner and his attorney represent that compensation lo be proY ided pursuant tu thi:, Stipulation is nut for an:-, items or sen ices l"i.lr \\hich the Program is primarily liable Ill)! under 42 l I .S.C. ~ :;ooau-1 51 g ). to the extent that payment has been made or can reasonably be e:xpected It) be made under un~ State compensation programs. insurance policies. Federal or * State health benetits program~ (other than ritk XIX t)rthe Social Security ;\ct (42 U.S.C. 1396 et seq.)). or by entities that provide health sen ices on a pre-paid basis. Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 5 of 7 I I. Payment mnde pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation \\'i II he made in accordance with 42 U.S.C. ~ 300aa-I 5(i). subject t0 the availability of sufficient statutory funds. 12. The parties and their att0rneys further agree and stipulate that. except for any a\Yard for att0rneys· fees and litigation costs. and past unreimbursahle expenses. the n10ne: provided pursuant to this Stipulation \\'ill he used solely for the benefit of petiti0ner as contemplated by a strict construction of 42 U .S.C. ~ 300aa-15(a) and (m1ity \\ ith the terms of this Stipulation. then the parties· scttkment and this Stipulation shall k, oiJable at the sole discnttion of" either part). 16. This Stipulation e:-;pn:sses a full and complete negotiateJ settlement lll" liabilit:, and damages claimed under the Natil>nal Childhood Vaccine Injury t\ct or 1986. as amenJed. e:-;cept as otherwise noted in paragraph 9 above. There is absolutely no agreement l)n the part of the parties herct(1 Ill make an:, payment or to dtl an:, :1ct or thing other than is herein e:-;pressl:, ,lated and dearl:, agreed to. The parties l"unhcr agree and understand that the :rnard tkscrihed in this Stipulation ma:,- reflect a co111prnmis1.' 111·11ic panics· rcspecti\e positions as to liability and 1lr amount of damages. and further. that a change in the nature of the injur:,- or condition or in the items of compensation SlH1ght. is not grounds 10 modify or revise this agn:cmcnt. 17. This Stipulatilrn shall not be construed as an admission b) the llnited States or the Secretary of" Hc al th and ~ Iu man ~en ices that petitioner sustained a SI RV A Table injury: that the flu vaccine caused any other injury; or that his current condition is a sequelae of a vaccine- related injury. 18. All rights and obligations of petitioner hereunder shall appl~ equally to petitinncr" s h~irs. ~,ecutors. adm in istrnwrs. successors. and/ur assigns. END 01- STIPULATION -4- Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 7 of 7 Respectfully submitted. PETITIONER: 'Richard A red Ca 1 RICHARD CAPPS ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ V L. ~( f vta "'-- b:7 UU htoi3&hack:_ HEATHER L. PEARLMAN Marshall. oth & Gregory, P.C. Deputy Director Post Office Box 769 Torts Branch Asheville. NC 28802 Civil Division (828) 281-2100 U.S. Department of Justice proth@mrglawfirm.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: s. ey Ju.J,~~~,Z~/2M,- Jeffr Digitally signed by Jeffrey S. Beach -S B h S Date: 2025.11.06 • eac - _ 09:30:22-os·oo· for CAPT GEORGE REED GRIMES. MD. MPH JUL$;N~ ! 3&Ih~ Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health and Human Services Benjamin Franklin Station 5600 Fishers Lane, 14W-18 Washington, DC 20044-0146 Rockville, MD 20857 (202) 742-6375 Julianna.R.Kober@usdoj.gov I I l~ ~$' l Dated: -5-