VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00815
Package ID: USCOURTS-cofc-1_19-vv-00815
Petitioner: Stephen Winkelstein
Filed: 2019-06-03
Decided: 2022-04-26
Vaccine: influenza
Vaccination date: 2017-11-18
Condition: Bell's palsy and bilateral sensorineural hearing loss
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00815-0
Date issued/filed: 2022-04-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/4/2022) regarding 64 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (amb) Service on parties made.
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Case 1:19-vv-00815-UNJ Document 68 Filed 04/26/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
STEPHEN WINKELSTEIN, *
* No. 19-815V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 4, 2022
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Bell’s palsy; bilateral sensorineural
* hearing loss.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner;
Alexis B. Babcock, U.S. Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION1
On March 29, 2022, the parties filed a joint stipulation concerning the
petition for compensation filed by Stephen Winkelstein on June 3, 2019. Petitioner
alleged that the influenza (“flu”) vaccine he received on November 18, 2017,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
caused him to suffer Bell’s palsy and bilateral sensorineural hearing loss.
Petitioner further alleges that he suffered the residual effects of this injury for more
than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on his behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services), requires that the
Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties
have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by
the special master will appear in the document posted on the website.

Case 1:19-vv-00815-UNJ Document 68 Filed 04/26/22 Page 2 of 7
Respondent denies that the vaccines either caused petitioner to suffer from
Bell’s palsy, bilateral sensorineural hearing loss, or any other injury or his current
condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $70,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment
by each party filing a notice renouncing the right to seek review by a United States
Court of Federal Claims judge.

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