Donna M. Winters v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Donna M. Winters filed a petition for compensation on December 17, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 17, 2019.
The petition stated the vaccine was administered in the United States, the injury's residual effects lasted more than six months, and no civil action had been filed or award received for this injury. The respondent denied that the flu vaccine caused her SIRVA or any other injury.
The parties subsequently filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision, awarding Donna M. Winters a lump sum of $67,000.00 for all items of damages available under the Vaccine Act.
The decision was entered on January 25, 2023. Petitioner counsel was Richard H.
Moeller, and respondent counsel was Mary Eileen Holmes.
Theory of causation
Petitioner Donna M. Winters alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 17, 2019. The injury is listed in the Vaccine Injury Table. Respondent denied the vaccine caused the alleged SIRVA or any other injury. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $67,000.00 as a lump sum. The stipulation was filed on December 22, 2022, and the decision was entered on January 25, 2023. Petitioner counsel was Richard H. Moeller, and respondent counsel was Mary Eileen Holmes.
Source PDFs
USCOURTS-cofc-1_20-vv-01890