Alexander Cohen v. HHS - HPV, Crohn's disease (2018)

Filed 2017-03-22Decided 2018-08-06Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

Alexander Cohen filed a petition for vaccine compensation on March 22, 2017, alleging that he received an HPV vaccine on March 10, 2014, and subsequently suffered from Crohn's disease. The respondent was the Secretary of Health and Human Services.

The public decision does not describe the petitioner's counsel or the respondent's counsel. Special Master Mindy Michaels Roth issued the decision.

The petitioner later filed a motion for dismissal on July 11, 2018, requesting that his case be dismissed. To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either that they suffered a "Table Injury" corresponding to their vaccination or that the injury was actually caused by a vaccine.

The record in this case did not contain evidence that the petitioner suffered a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that the petitioner's alleged injury was vaccine-caused or vaccine-related. The decision noted that a petition cannot be based solely on the petitioner's claims; it must be supported by medical records or a competent physician's opinion.

The petitioner did not provide sufficient medical records or a supporting medical opinion to demonstrate entitlement. Consequently, Special Master Roth determined that the petitioner failed to demonstrate either a "Table Injury" or that his injuries were "actually caused" by the vaccination.

The case was dismissed for insufficient proof. The decision was issued on August 6, 2018.

Theory of causation

Petitioner Alexander Cohen alleged that he received an HPV vaccine on March 10, 2014, and subsequently suffered from Crohn's disease. The case was dismissed for insufficient proof. Petitioner failed to prove a "Table Injury" or that the vaccine actually caused his Crohn's disease. The record lacked sufficient medical records or a competent physician's opinion to support the claim of causation. Special Master Mindy Michaels Roth issued the decision on August 6, 2018. Petitioner counsel was Howard Gold, Esq. Respondent counsel was Heather Pearlman, Esq. No award was made.

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