VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00780
Package ID: USCOURTS-cofc-1_25-vv-00780
Petitioner: Jaime Capener
Filed: 2025-05-06
Decided: 2026-06-12
Vaccine: varicella
Vaccination date: 2024-03-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Jaime Capener filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) following a varicella vaccination received on March 28, 2024. Petitioner also alleged residual effects of the injury for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused or aggravated the injury. Nevertheless, the parties filed a joint stipulation on June 12, 2026, agreeing to settle the case. The stipulation stated that the varicella vaccine is on the Vaccine Injury Table and that Petitioner suffered a SIRVA within the Table's time period. Pursuant to the stipulation, Chief Special Master Corcoran awarded Jaime Capener $25,000.00 in compensation for all items of damages.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_25-vv-00780-0
Date issued/filed: 2026-07-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/12/2026) regarding 26 DECISION Stipulation/Proffer. ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:25-vv-00780-UNJ Document 30 Filed 07/21/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0780V
JAIME CAPENER,
Petitioner,
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND Filed: June 12, 2026
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 6, 2025, Jaime Capener 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 a varicella vaccination she received on March 28,
2024. Petition at 1; Stipulation, filed at June 12, 2026, ¶¶ 2, 4. Petitioner further alleges
that she has suffered the residual effects of her vaccine-related injury for more than six
months. Petition at ¶ 7; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a
SIRVA Table injury; denies that the varicella vaccine or any other vaccine caused or
significantly aggravated Petitioner’s alleged shoulder injury, or any other injury; and
denies that Petitioner’s current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
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 1:25-vv-00780-UNJ Document 30 Filed 07/21/26 Page 2 of 7
Nevertheless, on June 12, 2026, the parties filed the attached joint stipulation,3
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 $25,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
at ¶ 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The filed Stipulation included an electronic signature page that has been removed from the attachment
to protect the confidential information of the signers.
4 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 1:25-vv-00780-UNJ Document 30 Filed 07/21/26 Page 3 of 7
Vinesign Document ID: E6ED8210-1 A6B-4BF2-9BBC-FDE5AEDFCF5A
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAIM AP N R
Petitioner, No. 25-780V
hicf pecial Master orcoran
v. E F
SE R ~TARY OF HEALTH ANO
H MA ERV!
Respondent.
STIPULATION
The parties h reby stipulate to the following matter :
l. Jaime Capener ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury mpensation Program 42 . . . § 300aa-l 0 t 34 (the Vaccine
Program'). The petition seeks compensation for injuries allegedly related to petitioner s receipt
of a varicclla vaccine, which vaccine i c ntaincd in the Vac inc Injury Table (th "Table"), 42
. •. R. § I 00J(a).
2. Petitioner received a varicella vaccine in her left should r on Mar h 28, 2024.
3. Th va cine was admini. tered within th United States.
4. Petitioner alleges that petitioner suffered a shoulder injury related lo vaccine
administration(" IRYA ') within th time period et forth in the Table following admini tration
of the vaccine. Petitioner futther alleges that petitioner suffer d the residual effects of the
alleged injury for more than six month .
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner' behalf a a re ult f the alleged injury.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:25-vv-00780-UNJ Document 30 Filed 07/21/26 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
varicella vaccine or any other vaccine caused or significantly aggravated petitioner's alleged
shoulder injury, or any other injury; and denies that petitioner's current condition is a sequela of
a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between thern shal I be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the fol lowing vaccine compensation payment:
A lump sum of $25,000.00 to be paid through an ACH deposit to petitioner's
counsel's IOLTA account for prompt disbursement to petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-I 5(a).
9. As soon as practicable afte1· lhe entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 I (a)( I), and a11 application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U .S.C. § 300aa-I 5(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
2

Case 1:25-vv-00780-UNJ Document 30 Filed 07/21/26 Page 5 of 7
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, does forever irrevocably and unconditionally release, acquit, and discharge the United
States and the Secretary of Health and 11 uman Services from any and al I actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses, and all
demands of whatever kind or nature) that have been brought, could have been brought, or
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or that may be alleged to have resulted from, the varicella vaccination
administered on March 28, 2024, as alleged in a petition for vaccine compensation filed on or
about May 6, 2025, in the United States Court of Federal Claims as petition No. 25-780V.
3

Case 1:25-vv-00780-UNJ Document 30 Filed 07/21/26 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a ful I and complete negotiated settlement of I iabi I ity and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed lo. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the natu1·e of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of 1I callh and Human Services that the varicella vaccine or any other vaccine caused or
significantly aggravated petitioner's alleged shoulder injury or any other injury or petitioner's
current condition, or that petitioner suffered an injury contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:25-vv-00780-UNJ Document 30 Filed 07/21/26 Page 7 of 7
Respectfully ubmitted
P ITION~R:
ATOR YO· R~ ORDFOR AUTHORIZ D REPR NTATIY -
OF THE ATTORNEY G N RAL:
~
~o~51-fJ~
HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twining Road Suite 208 orts Branch
Dresher, PA 19025 ivil Division
(215) 885-1655 U. . Department of Justice
laura ,:,,mullerbrazil.com P.O. Box 146
Benjamin Franklin tati n
Washington D 20044-0146
AUTHORIZED R~PRE NTATIVE ATTORN Y OF ORD , R
R C,
P TI • S • R TARY OF HEALTH RE P ND NT:
AND HUMAN SERVI ES:
Jeffrey S. Digitally signed by Jeffrey
S. Beach -S
Beach _5 for
~~~~~~026.06.0314:49:47
APT GEORGE REED GRIME , MD, MPI I MJLYM.P N
Dir ctor Division of Injury Trial Attorney
ompen ation Program Torts Branch
Health Systems Bureau ivil Divi i n
Health R sources and ervices U. . Department of Ju tice
Administration P.O. Box 146
.. Department of Health Benjamin Franklin Station
and Human Services Washington D 20044-0146
5600 i h rs Lane, 14W-l 8 (202) 430-4802
Rockville, MD 20857 emily.hanson ::;,usdoj.gov
Dated: __u_ _\ _ t '~\_i._c_1_-L_t __
5