VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00992 Package ID: USCOURTS-cofc-1_16-vv-00992 Petitioner: Nicola Winkel Filed: 2017-05-01 Decided: 2017-12-11 Vaccine: influenza Vaccination date: 2015-11-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: 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. Theory of causation field: Petitioner Nicola Winkel alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 19, 2015. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by the court. The award was $60,000.00 as compensation for all damages available under the Vaccine Act. The theory of causation is based on the "Table" of the Vaccine Injury Table, which presumes SIRVA is vaccine-related if it occurred within 48 hours of administration and resulted in residual symptoms for more than six months. The public decision does not name experts or describe the specific mechanism of injury. The decision was issued by Chief Special Master Nora Beth Dorsey on December 11, 2017. Petitioner was represented by Andrew Downing, and respondent by Mallori Openchowski. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00992-0 Date issued/filed: 2017-12-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/01/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00992-UNJ Document 39 Filed 12/11/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-992V Filed: May 1, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * NICOLA WINKEL, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”); Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Mallori Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 12, 2016, petitioner 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 November 19, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May 1, 2017, at ¶¶ 2, 3. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or any other injury and further denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:16-vv-00992-UNJ Document 39 Filed 12/11/17 Page 2 of 7 Nevertheless, on May 1, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $60,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey 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. 2 Case 1:16-vv-00992-UNJ Document 39 Filed 12/11/17 Page 3 of 7 Case 1:16-vv-00992-UNJ Document 39 Filed 12/11/17 Page 4 of 7 Case 1:16-vv-00992-UNJ Document 39 Filed 12/11/17 Page 5 of 7 Case 1:16-vv-00992-UNJ Document 39 Filed 12/11/17 Page 6 of 7 Case 1:16-vv-00992-UNJ Document 39 Filed 12/11/17 Page 7 of 7