Brandon Winkler v. HHS - Influenza, left shoulder injury related to vaccination (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Brandon Winkler filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2020, alleging he suffered a left shoulder injury related to vaccination (SIRVA) after receiving an influenza vaccine on December 20, 2018. Mr.
Winkler stated the vaccine was received in the United States and that no civil action or prior compensation had been sought for his injury. The petition alleged that the SIRVA met the Table SIRVA definition or, in the alternative, was caused-in-fact by the influenza vaccine.
The parties, Petitioner Brandon Winkler and the Secretary of Health and Human Services, filed a joint stipulation on November 1, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The decision awards Mr.
Winkler a lump sum of $46,000.00, payable by check to the Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. Judgment was to be entered in accordance with this decision unless a motion for review was filed.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Brandon Winkler alleged a left shoulder injury related to vaccination (SIRVA) after receiving an influenza vaccine on December 20, 2018. The theory of causation was that the SIRVA met the Table SIRVA definition or was caused-in-fact by the vaccine. The parties filed a joint stipulation on November 1, 2022, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The award was $46,000.00, representing compensation for all damages under Section 15(a) of the Vaccine Act. The public decision does not name specific experts or detail the medical mechanism of injury, but notes the case falls under the "Table SIRVA" definition or a "caused-in-fact" theory. Attorneys involved were Jeffrey S. Pop for Petitioner and Lauren Kells for Respondent. The decision date was December 7, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-02065