Gary Sohn v. HHS - Pneumococcal, right shoulder injury and related orthopedic complaints (2026)

Filed 2024-09-25Decided 2026-02-06Vaccine Pneumococcal
dismissed

Case summary [AI summaries can sometimes make mistakes]

On September 25, 2024, Gary Sohn filed a petition alleging that a pneumococcal vaccine administered on September 20, 2021 caused a right shoulder injury. His filings described shoulder pain and weakness, and also referenced complex regional pain syndrome, connective tissue disease, tendonitis, and avascular necrosis.

The public decision described a sparse early medical record. A September 27, 2021 medication-refill visit did not mention shoulder pain.

In December 2021, Dr. Trejo added that Mr.

Sohn had decreased right arm strength, muscle atrophy, shoulder pain, and limited range of motion after vaccination in September 2021. Later records described continued pain and range-of-motion problems, and a December 2024 MRI showed a partial subscapularis tear, osteoarthritis, and subacromial-subdeltoid bursitis.

Mr. Sohn maintained that his pain began the day of vaccination.

Because that theory placed onset on September 20, 2021, the Vaccine Act filing deadline was September 20, 2024. He mailed the petition before the deadline, but the Court received and filed it on September 25, 2024.

On February 6, 2026, Chief Special Master Brian H. Corcoran dismissed the case as untimely, rejecting mail-delay and weekend arguments and finding no basis for equitable tolling.

No vaccine-injury compensation was awarded.

Theory of causation

Pneumococcal vaccine on September 20, 2021 allegedly causing right shoulder injury/orthopedic sequelae; adult self-filed petitioner, exact age not stated; alleged same-day onset. DISMISSED as untimely. Key evidence: no shoulder note at September 27 visit; December 2021 note of decreased right arm strength, atrophy, pain, limited ROM after September 2021 vaccination; later MRI partial subscapularis tear/OA/bursitis. Claim filed September 25, 2024 after September 20, 2024 limitations deadline. Chief SM Brian H. Corcoran; decision February 6, 2026.

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