Constance Kohl v. HHS - Tdap, frozen shoulder, stiffness, numbness, tingling, swelling, redness, and reduced range of motion (2022)

Filed 2016-06-24Decided 2022-08-18Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

On June 24, 2016, Constance Kohl filed a petition under the National Vaccine Injury Compensation Program, alleging that a Tdap vaccination administered on June 28, 2013, caused a left shoulder injury, including frozen shoulder, stiffness, numbness, tingling, swelling, redness, and reduced range of motion. The central issue was whether Ms.

Kohl met the Vaccine Act's severity requirement, which mandates that the residual effects or complications of the injury must last for more than six months. Petitioner's counsel was Mark Sadaka, Esq.

Respondent's counsel was Debra Begley, Esq. Special Master Mindy Michaels Roth presided over the case.

Ms. Kohl's medical records documented shoulder pain and limitations for approximately two months following the vaccination.

The next mention of shoulder issues occurred nearly eighteen months later, on December 3, 2014, in a context that suggested it was for litigation purposes, as she was seeking a statement for her attorney and no specific physical examination of the shoulder was documented. Further medical records from April 2016 and October 2019 also mentioned shoulder issues, but these were considered by the Special Master to be of little weight due to intervening injuries, other medical conditions, and the significant time lapse since the vaccination.

The Special Master noted that Ms. Kohl was never diagnosed with adhesive capsulitis or frozen shoulder, despite reporting symptoms consistent with these conditions in 2019.

Petitioner's testimony regarding her ability to work and engage in recreational activities, such as horseback riding, was found to be inconsistent with her own social media posts and employment records. Specifically, Facebook posts showed her horseback riding in July 2013, September 2013, and April 2014, contradicting her testimony that she could not ride for over a year after the vaccination.

Her timesheets also did not reflect a significant reduction in work hours following the vaccination, contrary to her claims of needing assistance for many tasks. While third-party statements from her employer, Todd Fischer, and co-worker, Dennis Paulus, suggested she required assistance at work for some period, they did not provide sufficient corroboration for the duration of her symptoms beyond six months, and Mr.

Fischer's later detailed statement lacked a clear foundation. Ultimately, the Special Master found that the evidence, when considered as a whole, did not preponderantly establish that Ms.

Kohl's injury persisted for more than six months. Consequently, the petition was dismissed for failure to meet the severity requirement.

The decision was published on August 18, 2022.

Theory of causation

Constance Kohl, age 46, received a Tdap vaccination on June 28, 2013. She alleged this caused a left shoulder injury, including frozen shoulder, stiffness, numbness, tingling, swelling, redness, and reduced range of motion. The primary issue was whether the injury met the Vaccine Act's severity requirement of lasting more than six months. Petitioner's medical records documented shoulder pain for approximately two months post-vaccination. The next medical record mentioning shoulder issues was dated December 3, 2014, nearly eighteen months after vaccination, and was considered by the Special Master to be for litigation purposes. Petitioner's testimony regarding her limitations and activities, such as horseback riding, was found to be inconsistent with her social media posts and employment records. Third-party statements from her employer and co-worker provided some corroboration for needing assistance at work, but lacked sufficient detail to establish the duration of symptoms beyond six months. Special Master Mindy Michaels Roth found that the evidence did not preponderantly establish that the injury persisted for more than six months, leading to the dismissal of the petition. Petitioner was represented by Mark Sadaka, Esq., and Respondent by Debra Begley, Esq. The decision was issued on August 18, 2022.

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