Michael Cohen Awarded Compensation for Vaccine-Related Injury

Strategic Insights -

Petitioner Michael Cohen filed a petition on October 19, 2021, under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration ("SIRVA") following receipt of a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on November 21, 2020. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 28, 2023, Respondent filed a Rule 4(c) report, conceding that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. After reviewing the evidence, Chief Special Master Brian H. Corcoran found that Petitioner is entitled to compensation.

Key Takeaways:

  • Michael Cohen, a petitioner, filed a claim under the National Vaccine Injury Compensation Program, alleging a SIRVA injury caused by a Tdap vaccine.
  • The case was assigned to the Special Processing Unit of the Office of Special Masters, and Respondent filed a Rule 4(c) report, conceding that Petitioner's alleged injury is consistent with SIRVA.
  • Chief Special Master Brian H. Corcoran found that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.
  • The case was assigned the number 21-2039V and was filed on October 19, 2021.
  • The vaccine administration that allegedly caused the injury took place on November 21, 2020.
  • Respondent agrees that Petitioner's injury is consistent with SIRVA as defined in 42 C.F.R. § 100.3(a) and (c)(10).
  • The Office of Special Masters' decision to award compensation was based on Respondent's concession and the evidence of record.

Statistics:

  • Case number: 21-2039V
  • Filing date: October 19, 2021
  • Vaccine administration date: November 21, 2020
  • Number of days between filing and decision: 408 days (from October 19, 2021, to August 28, 2023, considering the Rule 4(c) report was filed after the decision)
  • Percentage of cases awarded compensation in the National Vaccine Injury Compensation Program: N/A (no data provided in the source material)

Sources:

  • Case 1:21-vv-02039-UNJ Document 33 Filed 10/03/23 Page 1 of 2 (United States Court of Federal Claims)
  • Ruling on Entitlement, Chief Special Master Brian H. Corcoran, August 29, 2023 (unpublished opinion)
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (Vaccine Act)
  • 42 U.S.C. § 300aa (Vaccine Act)
  • 42 C.F.R. § 100.3(a) and (c)(10) (Vaccine Injury Table)