VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00406
Package ID: USCOURTS-cofc-1_17-vv-00406
Petitioner: Alexander Cohen
Filed: 2017-03-22
Decided: 2018-08-06
Vaccine: HPV
Vaccination date: 2014-03-10
Condition: Crohn's disease
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00406-0
Date issued/filed: 2018-08-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/11/2018) regarding 23 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:17-vv-00406-UNJ Document 24 Filed 08/06/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-406V
Filed: July 11, 2018
* * * * * * * * * * * * * *
ALEXANDER COHEN, * UNPUBLISHED
*
Petitioner, * Dismissal; Human Papillomavirus
* (“HPV”) Vaccine; Crohn’s Disease;
v. * Insufficient Proof of Causation
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Howard Gold, Esq., Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Heather Pearlman, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On March 22, 2017, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that he received an HPV
vaccine on March 10, 2014, and thereafter suffered a series of reactions, including Crohn’s disease.
Petition at 1. The information in the record, however, does not show entitlement to an award under
the Program. On July 11, 2018, petitioner filed a Motion for Dismissal Decision requesting that
his case be dismissed. ECF No. 22.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.
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Case 1:17-vv-00406-UNJ Document 24 Filed 08/06/18 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner’s
claims alone. Rather, the petition must be supported by either medical records or by the opinion
of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records
supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner, however,
has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate
either that he suffered a “Table Injury” or that his injuries were “actually caused” by a vaccination.
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2