VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00534
Package ID: USCOURTS-cofc-1_23-vv-00534
Petitioner: Lori Capozzoli
Filed: 2023-12-19
Decided: 2024-01-22
Vaccine: influenza
Vaccination date: 2021-09-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Lori Capozzoli filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 25, 2021. She claimed the injury persisted for longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Capozzoli is entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that the residual effects of her condition lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Lori Capozzoli entitled to compensation. The case is proceeding to determine the award amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00534-0
Date issued/filed: 2024-01-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/19/2023) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00534-UNJ Document 22 Filed 01/22/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0534V
LORI CAPOZZOLI, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 18, 2023, Lori Capozzoli 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 related to vaccine
administration (“SIRVA”) following an influenza vaccination she received on September
25, 2021. Petition at 1. Petitioner further alleges that her vaccine-related injury has
persisted for longer than six months. Petition at ¶ 13. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 13, 2023, 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)
1 Because this Ruling 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 Ruling 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-00534-UNJ Document 22 Filed 01/22/24 Page 2 of 2
Report at 1. Specifically, Respondent states that “Partitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no history
of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred
within 48 hours after receipt of an intramuscular vaccination; pain was limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
has been identified to explain Petitioner’s shoulder pain.” Id. at 7. Respondent further
agrees that “Petitioner suffered the residual effects of her condition for more than six
months.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2