Eve Y. Thao v. HHS - Hepatitis B, right shoulder injury (2025)

Eve Y. Thao, an adult, received a hepatitis B vaccination on July 13, 2020.

She alleged that she suffered a right shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of this vaccination. Thao had a significant pre-existing history of right shoulder and neck pain stemming from combat injuries sustained in 2011, including a mortar blast and a forklift accident.

Her medical records from 2011 through 2020 documented various shoulder and neck complaints, including pain, stiffness, numbness, tingling, weakness, and reduced range of motion, with some records indicating a right shoulder strain and rotator cuff involvement. Thao contended that her post-vaccination symptoms were distinct from her prior injuries and met the criteria for a Table SIRVA claim, or alternatively, that the vaccination caused her injury-in-fact.

She presented expert testimony from Dr. Marko Bodor, who opined that her pre- and post-vaccination pain stemmed from different sources.

The respondent, the Secretary of Health and Human Services, argued that Thao's pre-existing shoulder condition explained her post-vaccination symptoms and that she failed to meet the criteria for a Table SIRVA claim, particularly the requirement of no prior history of shoulder dysfunction that would explain the current symptoms. The respondent presented expert testimony from Dr.

Paul Cagle, who concluded that Thao's pre-vaccination condition included a shoulder strain affecting the rotator cuff and that her post-vaccination symptoms were not objectively distinct or more severe than her prior condition. The Special Master found that Thao's pre-existing service injury included a right shoulder rotator cuff injury and that her post-vaccination symptoms were not sufficiently distinct to meet the first SIRVA criterion.

The Special Master also found that the evidence did not preponderantly support a logical sequence of cause and effect for an injury-in-fact claim, noting the lack of treating physician opinions attributing the injury to the vaccine and the persuasive expert opinion of Dr. Cagle.

Ultimately, the Special Master concluded that Thao had not met her burden of proof and dismissed her petition.