Winston Chun v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Winston Chun filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 8, 2016. Mr.
Chun stated the vaccine was administered in the United States and that he experienced residual effects for more than six months, with no prior award or settlement for his condition. The Secretary of Health and Human Services, respondent, denied that petitioner sustained a SIRVA Table injury or that his condition was caused-in-fact by the flu vaccine.
Despite these denials, the parties filed a joint stipulation on July 8, 2020, agreeing to an award of compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Winston Chun a lump sum of $40,000.00, payable to Petitioner, for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses.
Theory of causation
Petitioner Winston Chun alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on November 8, 2016. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $40,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement.
Source PDFs
USCOURTS-cofc-1_18-vv-01950