Cassandra Yost v. HHS - Hepatitis B, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On February 23, 2018, Cassandra Yost filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a hepatitis B vaccination on January 13, 2017. Petitioner, a 22-year-old nursing student, reported experiencing pain immediately after the vaccination, which worsened over time.
She also developed a lesion at the injection site that became red, swollen, and drained pus. Due to her demanding school and work schedule, she delayed seeking medical treatment until May 25, 2017, approximately four months after the vaccination.
Her treating physicians diagnosed her with left shoulder pain, bursitis, and adhesive capsulitis. The respondent initially contested that the petitioner's symptoms began within the required 48-hour window for a Table SIRVA.
However, the Special Master found sufficient evidence, including medical records and affidavits, to establish timely onset and a credible reason for the delay in treatment. The Special Master also found that her injury met the criteria for SIRVA as outlined in the Vaccine Injury Table, presuming causation.
Following the entitlement ruling, the parties were unable to agree on damages. The Special Master awarded Cassandra Yost $125,779.51, comprising $125,000.00 for pain and suffering and $779.51 for past unreimbursable medical expenses.
The decision was issued by Special Master Thomas L. Gowen.
Theory of causation
Petitioner Cassandra Yost filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following a hepatitis B vaccination on January 13, 2017. The injury is listed on the Vaccine Injury Table, meaning causation is presumed if the criteria are met. Petitioner alleged immediate onset of left shoulder pain and an injection site lesion, which progressed over time. She delayed seeking medical treatment for approximately four months due to her nursing school and work schedule, a delay the Special Master found credible. Medical records and affidavits from petitioner and Dr. Catherine Shaer corroborated the onset of pain within 48 hours of vaccination and the presence of an injection site lesion that developed into an abscess. Petitioner's expert, Dr. Clifford W. Colwell, Jr., opined that petitioner met the criteria for SIRVA. Respondent's expert, Dr. Paul J. Cagle, argued the injection site was not in a location to cause bursitis and suggested overuse as a cause. Special Master Thomas L. Gowen found by preponderant evidence that petitioner met the criteria for a Table SIRVA, including timely onset of symptoms and no other condition explaining the symptoms. The Special Master awarded $125,779.51 in damages, consisting of $125,000.00 for pain and suffering and $779.51 for past unreimbursable medical expenses.
Source PDFs
USCOURTS-cofc-1_18-vv-00288