Nicola Winkel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Nicola Winkel filed a petition for compensation under the National Vaccine Injury Compensation Program on May 1, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 19, 2015. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on May 1, 2017.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. The court awarded Nicola Winkel a lump sum of $60,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act.

Andrew Downing represented the petitioner, and Mallori Openchowski represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.