Capener v. Secretary of Health and Human Services

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).

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

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 stipu late 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 Tabl e (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

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 awardin g the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry of j udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has fi led an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 1(a)(l), the Secretary of Health and Human Services will issue the fo l lowing vaccine compensation pay ment:

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 wou ld be availab le under 42 U.S.C. § 300aa- I 5(a).

9. A s soon as practicable afte1· lhe entry of judgment on entitlement in this case, and after petit ioner 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 reasonab le 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 Stipu lation 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, Federal or State health benefits programs (other t han T itle X IX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide hea lth services on a pre-paid basis.

I I . Pay ment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation w ill be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds.

12. T he 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 wi ll 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 subj ect to the conditions of 42 U.S.C. § 300aa- I 5(g) and (h).

13. In return for the payments descri bed in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, adm inistrators, 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 serv ices, 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 peti tioner resulting from, or that may be alleged to have resulted from, the vari cella vaccination administered on March 28, 2024, as alleged in a petition for vaccine compensation fil ed on or about May 6, 2025, in the U nited States Court of Federal C laims as petition No. 25-780V.

14. If petitioner should die prior to entry of judgment, this agreement shal l be voidable upon proper notice to the Court on behalf of either or both of the parties.

15. I f the special master fai ls 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 conform ity 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 Chi ldhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is abso lutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein express ly stated and clearly agreed lo. The parties further agree and understand that the award described in this Stipulation may reflect a comprom ise of the parties' respective positions as to l iability and/or amount of damages, and further, that a change in the natu1·e of the injury or cond ition 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 1Icallh and Human Services that the varicella vaccine or any other vaccine caused or sign ificantly 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 equal ly to petitioner's heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

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 Brazi l Deputy Director 715 Twining Road Suite 208 orts Branch Dresher, PA 19025 ivil Division (2 15) 885-1655 U. . Department of Justice laura ,:,,mullerbrazil.com P.O. Box 146

Benjam in Frankl in tati n Washington D 20044-0146

AUTHORIZED R ~PRE NTATIVE ATTORN Y OF R C, ORD , R P TI • S • R TARY OF HEALTH RE P ND NT:

AND HUMAN SERV I ES:

Jeffrey S. Digitally signed by Jeffrey

S. Beach -S Beach _5 ~~~~~~026.06.0314:49:47 for APT GEORGE REED GR IM E , MD, MPI I MJLYM.P N Dir ctor Division of Inju ry 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 Hea lth Benjamin Franklin Station and Human Services Was hington D 20044-0146 5600 i h rs Lane, 14W-l 8 (202) 430-4802 Rockv ill e, MD 20857 em il y.hanson ::;,usdoj.gov Dated: __u__

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