Steven S. Cohen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Steven S. Cohen filed a petition for compensation under the National Vaccine Injury Compensation Program on July 12, 2023, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination received on October 15, 2022.

Mr. Cohen, who was 67 years old at the time of vaccination, reported experiencing severe pain in his left shoulder immediately after the injection, describing it as the most painful vaccination he had ever received.

His condition persisted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 29, 2024, conceding that Mr.

Cohen's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he met the legal prerequisites for compensation. The case then proceeded to determine damages, as the parties could not agree on an amount.

Petitioner's counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent's counsel was Nina Ren of the U.S.

Department of Justice. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on March 4, 2024, finding Petitioner entitled to compensation based on the respondent's concession. A subsequent Decision Awarding Damages was issued by Chief Special Master Corcoran on March 17, 2025.

Mr. Cohen sought $160,000.00 for pain and suffering and $8,184.23 for past unreimbursed medical expenses, including an adjustable bed and recliner.

He argued that his pain was severe, his treatment was consistent for 14 months, and his surgery was extensive. He also contended that the bed and recliner were medically necessary as he was instructed to sleep in a reclined position after surgery.

The respondent proposed $95,000.00 for pain and suffering, characterizing the injury as relatively mild with limited duration and standard treatment. Respondent also disputed certain co-payments for specialist visits and physical therapy, and argued that the adjustable bed and recliner were not reasonably necessary as there was no specific medical recommendation for their purchase.

After reviewing the medical records, treatment history, and prior SIRVA awards, Chief Special Master Corcoran awarded Mr. Cohen $140,000.00 for pain and suffering and $5,809.00 for past unreimbursed medical expenses, totaling $145,809.00.

The award for medical expenses excluded the $2,375.23 cost of the adjustable bed and recliner due to insufficient substantiation of their medical necessity. The decision noted that Mr.

Cohen sought treatment eleven days after vaccination for severe shoulder pain, underwent an MRI, 27 physical therapy treatments, and extensive arthroscopic surgery approximately six months after vaccination, followed by another 21 physical therapy sessions, resulting in a good recovery with only mild intermittent ongoing symptoms. The award was paid via ACH deposit to Petitioner's counsel's IOLTA account.