VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02065 Package ID: USCOURTS-cofc-1_20-vv-02065 Petitioner: Brandon Winkler Filed: 2020-12-30 Decided: 2022-12-07 Vaccine: influenza Vaccination date: 2018-12-20 Condition: left shoulder injury related to vaccination (SIRVA) Outcome: compensated Award amount USD: 46000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02065-0 Date issued/filed: 2022-12-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/01/2022) regarding 32 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02065-UNJ Document 37 Filed 12/07/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2065V UNPUBLISHED BRANDON WINKLER, Chief Special Master Corcoran Petitioner, Filed: November 1, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2020, Brandon Winkler filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that he suffered a left shoulder injury related to vaccination (“SIRVA”), which meets the Table SIRVA definition or, in the alternative was caused-in-fact by the influenza vaccine he received on December 20, 2018. Id. at 1, ¶¶ 6, 19; Stipulation, file Nov. 1, 2022, at ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccine in the United States and that neither he nor any other party has filed a civil action or received compensation for his SIRVA injury. Petition at ¶¶ 6, 18; Stipulation at ¶¶ 3-5. Nevertheless, on November 1, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-02065-UNJ Document 37 Filed 12/07/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $46,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:20-vv-02065-UNJ Document 37 Filed 12/07/22 Page 3 of 7 Case 1:20-vv-02065-UNJ Document 37 Filed 12/07/22 Page 4 of 7 Case 1:20-vv-02065-UNJ Document 37 Filed 12/07/22 Page 5 of 7 Case 1:20-vv-02065-UNJ Document 37 Filed 12/07/22 Page 6 of 7 Case 1:20-vv-02065-UNJ Document 37 Filed 12/07/22 Page 7 of 7