VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00933
Package ID: USCOURTS-cofc-1_15-vv-00933
Petitioner: Joyce Winterfeld
Filed: 2015-08-26
Decided: 2018-01-11
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: brachial neuritis and/or a shoulder injury
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Joyce Winterfeld filed a petition on August 26, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from brachial neuritis and/or a shoulder injury as a result of an influenza vaccine she received on October 16, 2014. Ms. Winterfeld further alleged that she experienced residual effects from this condition for more than six months. The respondent denied that the flu vaccine caused her condition. However, both parties agreed to settle the case through a stipulation filed on December 7, 2017. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Joyce Winterfeld a lump sum of $45,000.00 as compensation for all damages. Paul R. Brazil represented the petitioner, and Debra F. Begley represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Joyce Winterfeld alleged that an October 16, 2014, influenza vaccine caused brachial neuritis and/or a shoulder injury, with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed December 7, 2017, which was adopted by Special Master Brian H. Corcoran on January 11, 2018. The stipulation awarded $45,000.00 in lump sum compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00933-0
Date issued/filed: 2018-01-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/07/2017) Regarding 38 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:15-vv-00933-UNJ Document 41 Filed 01/11/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-933V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JOYCE WINTERFELD, *
* Special Master Corcoran
*
Petitioner, * Filed: December 7, 2017
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Brachial
AND HUMAN SERVICES, * Neuritis (“BN”); Shoulder Injury.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra F. Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 26, 2015, Joyce Winterfeld filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she
suffered from brachial neuritis (“BN”) and/or a shoulder injury as a result of her October 16, 2014,
influenza (“flu”) vaccine. Petitioner further alleges that she has experienced the residual effects of
this condition for more than six months.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information.
Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged
or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Case 1:15-vv-00933-UNJ Document 41 Filed 01/11/18 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s BN or any other injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on December 7, 2017) that the issues before them could be settled, and that a decision should
be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $45,000.00, in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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