Cassandra Yost v. HHS - Hepatitis B, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

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.