Stephen Winkelstein v. HHS - Influenza, Bell's palsy and bilateral sensorineural hearing loss (2022)
Case summary [AI summaries can sometimes make mistakes]
Stephen Winkelstein filed a petition on June 3, 2019, alleging that the influenza vaccine he received on November 18, 2017, caused him to suffer Bell's palsy and bilateral sensorineural hearing loss. He further alleged that the residual effects of these conditions lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Winkelstein's conditions.
Despite the denial, the parties reached a joint stipulation for compensation. Special Master Christian J.
Moran reviewed and adopted the stipulation as the decision of the court. The stipulation awarded Mr.
Winkelstein a lump sum payment of $70,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the specific onset of symptoms, clinical details, or expert testimony presented.
Judgment was to be entered according to the decision and stipulation.
Theory of causation
Petitioner Stephen Winkelstein alleged that the influenza vaccine administered on November 18, 2017, caused Bell's palsy and bilateral sensorineural hearing loss, with residual effects lasting over six months. The vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $70,000.00 lump sum award. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings.
Source PDFs
USCOURTS-cofc-1_19-vv-00815