In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0681V

Filed: October 7, 2019

UNPUBLISHED

DAVID CHRISTIAN KUNZ,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

respondent.

RULING ON ENTITLEMENT1

Corcoran, Chief Special Master:

On May 14, 2018, 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 he suffered a left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza (“flu”) immunization he received on 

October 7, 2015. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

 

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such material from 

public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, undersigned is 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). 

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).
2

On October 4, 2019, 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 agrees that petitioner had no history of pain, 

inflammation, or dysfunction of his left shoulder; medical records document that pain 

occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited 

to the shoulder in which the vaccine was administered; and no other condition or 

abnormality has been identified to explain petitioner’s shoulder pain. Id. at 5. 

Respondent further agrees that petitioner suffered the residual effects of his condition 

for more than six months and has satisfied all legal prerequisites for compensation 

under the Vaccine Act. Id.

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master