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

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.