VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01408
Package ID: USCOURTS-cofc-1_16-vv-01408
Petitioner: Karina C. Kurtz
Filed: 2016-10-27
Decided: 2018-05-02
Vaccine: influenza
Vaccination date: 2014-09-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115262

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Karina C. Kurtz alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 3, 2014. The respondent conceded entitlement, finding the injury consistent with SIRVA and all legal prerequisites met. The case proceeded to a damages decision based on a proffer. Petitioner was awarded $115,262.64 as a lump sum payment. The theory of causation is based on the Vaccine Injury Table (SIRVA). No specific medical experts or detailed causation mechanism were described in the public text. The decision was issued by Chief Special Master Nora Beth Dorsey on May 2, 2018, based on a proffer filed June 14, 2017. Petitioner's counsel was Elizabeth Muldowney, and respondent's counsel was Ilene Albala.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01408-0
Date issued/filed: 2017-10-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/23/2017) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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CCaassee 11::1166--vvvv--0011440088--UUNNJJ DDooccuummeenntt 1383 FFiilleedd 0130//2235//1177 PPaaggee 11 ooff 22
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1408V
Filed: March 23, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KARINA C. KURTZ, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Ilene Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 27, 2016, petitioner 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
September 3, 2014. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 23, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent believes petitioner’s alleged injury is consistent with a
SIRVA. Id. at 4. Respondent further agrees that petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id. at 5.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

CCaassee 11::1166--vvvv--0011440088--UUNNJJ DDooccuummeenntt 1383 FFiilleedd 0130//2235//1177 PPaaggee 22 ooff 22
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01408-2
Date issued/filed: 2018-05-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/15/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01408-UNJ Document 39 Filed 05/02/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1408V
Filed: June 15, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KARINA C. KURTZ, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Ilene Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 27, 2016, petitioner 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
September 3, 2014. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 23, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On June 14, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $115,262.64. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-01408-UNJ Document 39 Filed 05/02/18 Page 2 of 4
award. Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $115,262.64 in the form of a check payable to
petitioner, Karina C. Kurtz. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:16-vv-01408-UNJ Document 39 Filed 05/02/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KARINA C. KURTZ, )
)
Petitioner, )
) No. 16-1408V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On March 23, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding
that petitioner was entitled to vaccine compensation. Based upon the evidence of record,
respondent proffers that petitioner should be awarded $115,262.64, which represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1
Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $115,262.64, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
1

Case 1:16-vv-01408-UNJ Document 39 Filed 05/02/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
s/ Ilene Albala
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: June 14, 2017
2