United States Court of Federal Claims, 2026

Kurtz, M.D. v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 13, 2026 · Daniel T. Horner

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-2022V Filed: June 15, 2026

ERIC KURTZ, M.D.,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On December 31, 2019, 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that he received on September 12, 2018. Petition at 1; Stipulation, filed June 15, 2026, at ¶¶ 1-2, 4. On September 17, 2021, Respondent filed his Rule 4(c) Report in which he conceded that compensation is appropriate in this case. On September 27, 2021, a ruling on entitlement was issued, finding petitioner entitled to compensation for a Table Injury of SIRVA.

On June 15, 2026, the parties filed the attached joint stipulation,3 stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

A lump sum of $72,118.69 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt distribution to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master

4 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.

IN IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ___________________________________

)

ERIC KURTZ, )

)

Petitioner, )

) No. 22-2022V (ECF)

v. ) Special Master Horner

)

SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

)

Respondent. )

____________________________________)

CERTIFICATE OF SERVICE

I certify that today, June 15, 2026, a copy of the Stipulation was served by electronic mail to Timothy J. Mason at [email protected]. s/ Debra A. Filteau Begley DEBRA A. FILTEAU BEGLEY Senior Litigation Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4181

Dated: June 15, 2026 [email protected]

1 Because this document contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the document 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 To avoid the unnecessary disclosure of petitioner’s personal information, the DocuSign form included in the originally filed Stipulation has been removed from the Stipulation attached to this Decision.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.