Michael Cohen v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Michael Cohen filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on November 21, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.
Cohen's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on August 29, 2023, finding Mr. Cohen entitled to compensation.
Subsequently, on September 1, 2023, the respondent filed a proffer on the award of compensation, which Mr. Cohen agreed to.
The decision, issued by Chief Special Master Corcoran on September 1, 2023, awarded Mr. Cohen a lump sum payment of $65,000.00, representing past pain and suffering and all other damages available under the program.
The case was resolved through a stipulation between the parties. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Joseph Adam Lewis of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The specific mechanism of injury is not detailed in the public decision.
Theory of causation
Petitioner Michael Cohen alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination received on November 20, 2020. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. The case was resolved via stipulation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 29, 2023, finding Petitioner entitled to compensation. A subsequent decision on damages, issued by Chief Special Master Corcoran on September 1, 2023, awarded Petitioner a lump sum of $65,000.00 for past pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Laura Levenberg (Muller Brazil, LLP), and Respondent was represented by Joseph Adam Lewis (U.S. Department of Justice). The public decision does not detail specific medical evidence, expert testimony, or the precise mechanism of injury beyond its classification as a Table injury.