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,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 2, 2025
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 1 of 7

2
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.
Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 2 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RICHARD CAPPS,
Petitioner,
V. 	No. 23-484V
SECRETARY OF HEALTH AND
HUMAN SERVICES.
Chief Special Master Corcoran
ECF
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. 	Pet iti 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
Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 3 of 7

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
wi th 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 th ro ugh an ACH depos it to pe ti tioner ·s
counsel"s IOLT A account fo r prompt disbursement to pet iti one r. T hi s amount represe nt s
compensation for all damages th at 'vVOL il d be avai lab le und er 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:, 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.
Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 4 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 (<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-
Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 5 of 7

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-
Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 6 of 7

Respectful ly submitted.
PETITIONER:
'Richard A red Ca 	1
RICHARD CAPPS
ATTORNEY OF RECORD FOR
PETITIONER:
Marshall. 	oth & Gregory, P.C.
Post Office Box 769
Asheville. NC 28802
(828) 281-2100
proth@mrglawfirm.com
AUTHORJZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:
Jeffrey s. 	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
Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health and Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857
Dated: 	l~ Il 	I~$'
-5-
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
~V 	L. ~(fvta "'--
b:7 	UU htoi3&hack:_
HEATHER L. PEARLMAN
Deputy Director
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
Ju.J,~~~,Z~/2M,-
JUL$;N~!3 &Ih~
Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
(202) 742-6375
Julianna.R.Kober@usdoj .gov
Case 1:23-vv-00484-UNJ Document 53 Filed 01/13/26 Page 7 of 7