# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0681 V

Filed: October 7, 2019

UNPUBLISHED

DAVID CHRISTIAN KUNZ

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

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

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

respondent.

RULING ON ENTITLEMENT 1

Corco ran

, 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 rel ated to v accine administration ( “ SIRVA ” ) as a result of an influenza ( “ flu ” ) immunization he received on October 7, 2015 . Petit ion 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 iden tified 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 Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in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, 10 0 Stat. 3755

. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph 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 compensa tion in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent agrees that peti tioner had no history of pain, inflammation, or dy sfunction of his left shoulder; medical records document that pain

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

to the shoulder in which the vaccine was adminis tered; 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 res i dual effects of his con dition

for mo re than six months and has satisfied all legal prerequisites for comp en sation

under the Vaccine Act

. Id.

In view of respondent’s position and the evidence of record, the undersigned find s that petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corc oran

Brian H. Corcoran

Chief Special Master