Karina C. Kurtz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Karina C. Kurtz filed a petition for compensation on October 27, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 3, 2014.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA and that she met all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. On March 23, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation.

Subsequently, on June 14, 2017, the respondent filed a proffer recommending an award of $115,262.64, representing all elements of compensation available under the Vaccine Act. Petitioner agreed with the proffered award.

On May 2, 2018, Chief Special Master Dorsey issued a decision awarding Karina C. Kurtz a lump sum payment of $115,262.64, payable by check to petitioner.

Petitioner was represented by Elizabeth Muldowney of Rawls, McNelis and Mitchell, P.C., and respondent was represented by Ilene Albala of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner is a competent adult.