Capps v. Secretary of Health and Human Services

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 STIPULATION 1 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.

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.

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).

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.

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 HEALTH 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.. ). ti led 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 with in 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. Petiti oner 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 flu, accine caused pctitioner·s alleged shoulder injury. or any other injury: and denies that his current condition is a sequela l)r a \ accine-rclated injury.

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 shou ld be en tered 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 ka llh and I luman

A lump sum payment of $40,000.00 to be paid through an ACH depos it to petitioner·s counsel"s IOLT A account fo r prompt disbursement to petitioner. This amo unt represents compensation for all damages that 'vVOLild be avai lable under 42 U .S.C. §300aa- I5 (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 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.

I0. Petitioner and his attorney represent that compensation lo be proY ided pursuant tu thi:, Stipu lation is nut for an:-, items or sen ices l"i.lr \\hich the Program is Ill)! primarily liable 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.

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 (<l). and subject to the conditi<,ns of 42 U.S.C. ~ 300aa-l 5(g) and (h).

1.1. In return for the pa: mcnts described in paragraphs 8 and 9. petitioner. in his individual capacity. and on behalf of his heirs. executors. administrators. successors or assigns. does lr.ire\er irTC\OCabl: and unconditional!: release. acquit and discharge the United States and the Secretary ti!' Hen Ith and Human Sen·ices from any and all actions or causes of actil)n (including agreements. judgments. claims. damages. loss of services. expenses and al l demands n f \\ haten:r kind or nature) that ha, e been lm)ught. cou Id have been brought. or could be ti rnel:

brought in the Court of Federal Claims. under the National Vaccine Injury Compensation Program. -C LJ.S.C. ~ 300aa- IO et seq .. on aCClHll1t of. or in any \,ay growing out of. any and all known or LrnknO\\ n. suspected or unsuspected personal injuries to or death of petitioner resulting from. or alleged t0 haH resulted from. the flu , accination administered on October 31. 2020. as a Ileged in a petition for \ nccinc cornpensat ion filed on or about Apri I 7. 2023. in the l 1nited States Court of Federal Claims as petition No. 23-484 V. 14. If petitioner should die prior to entr) ofjudgment. this agreement shall be \Oidable upon proper notice to the Court on behalf of either or both of the pa11ies.

-3- 15. If the special master foils to issue a decision in complete conformity with the terms of this Stipulation or if the Court l)l'Federal Claims fails to enter judgment in conformity with a decision that is in Cl))npletc conli>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 th is 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 l lnited States or the Secretary of" Hcal th and ~ Iuman ~en ices that petitioner sustained a SI RV A Table injury: that the flu vaccine caused any other injury; or that hi s 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- Respectful ly submitted.

PETITIONER: 'Richard A red Ca 1 RICHARD CAPPS

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ V L . ~ (fvta "'-- 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 [email protected] P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. Digitally signed by Jeffrey S. Beach -S Ju.J,~~~,Z~/2M,- Date: 2025.11.06 • Beac h - S _ 09:30:22-os·oo· for CAPT GEORGE REED GRIMES. MD. MPH JUL$;N~ ! 3 & I h ~ 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

Dated: l~ I l I~$' -5-