VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-02022
Package ID: USCOURTS-cofc-1_19-vv-02022
Petitioner: Eric Kurtz, M.D.
Filed: 2021-09-27
Decided: 2021-10-27
Vaccine: influenza (flu)
Vaccination date: 2018-09-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Dr. Eric Kurtz filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 12, 2018. He stated the vaccine was administered in the United States, the injury persisted for more than six months, and no lawsuits were filed. Respondent filed a Rule 4(c) report on September 17, 2021, conceding that Dr. Kurtz is entitled to compensation. Respondent concluded that the petitioner met the criteria for a presumed SIRVA, as defined by the Vaccine Injury Table, and agreed that damages should be limited to the left-sided SIRVA and its sequelae. Based on the respondent's concession and the record, the Chief Special Master found Dr. Kurtz entitled to compensation, with the damages to be determined in a subsequent ruling.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-02022-0
Date issued/filed: 2021-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2021) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-02022-UNJ Document 41 Filed 10/27/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-2022V
UNPUBLISHED
ERIC KURTZ, M.D., Chief Special Master Corcoran
Petitioner, Filed: September 27, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, White Plains, NY, for
Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 31, 2019, Eric Kurtz, M.D. 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 should injury related to vaccine
administration (SIRVA) as a result of an influenza (flu) vaccine that he received on
September 12, 2018. Petition at 1. Petitioner further alleges that the vaccine was
administered in the United States, the residual effects or sequelae of Petitioner’s shoulder
injuries have persisted for more than six months, and no lawsuits have been filed or
settlements or awards accepted by anyone, including the Petitioner, due to his vaccine
injury. Petition at 10. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
1 Because this unpublished Ruling 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 Ruling 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 1:19-vv-02022-UNJ Document 41 Filed 10/27/21 Page 2 of 2
On September 17, 2021, 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 has concluded that compensation is appropriate
because Petitioner meets the criteria for a presumed SIRVA, as defined by the Vaccine
Injury Table. Id. at 3. Respondent further agrees that the scope of damages to be awarded
are limited to Petitioner’s left-sided SIRVA and its resulting sequelae only. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2