William Ash v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

William Ash, a 47-year-old professional musician, received an influenza vaccine on November 5, 2018. He alleges he suffered a shoulder injury related to vaccine administration (SIRVA) from this shot, which he believes was given in his right arm despite the record indicating the left.

Within two days, he experienced pain, swelling, and redness in his right upper arm, leading to an emergency room visit where he was diagnosed with cellulitis and treated with antibiotics. Although the cellulitis resolved, Mr.

Ash continued to experience persistent pain and decreased range of motion in his right shoulder, which he attributed to the vaccine. He sought treatment from multiple medical providers over several years, including orthopedists and physical therapists, and underwent diagnostic imaging like X-rays and an MRI.

The medical records documented various shoulder pathologies, including impingement syndrome, bursitis, tendinosis, and adhesive capsulitis. Respondent initially contested entitlement, arguing that the cellulitis explained the early symptoms and that subsequent shoulder issues were a separate condition, and that onset and severity requirements were not met.

However, the court found that Mr. Ash's pain began within 48 hours of vaccination, was localized to his right shoulder, and that his cellulitis diagnosis did not preclude a SIRVA finding.

The court determined that his symptoms persisted beyond the required six months, satisfying the severity requirement for a Table SIRVA claim. On May 8, 2024, entitlement was granted, and a subsequent decision on April 4, 2025, awarded Mr.

Ash $64,503.50 in total compensation. This amount included $60,000.00 for pain and suffering, $212.38 for past unreimbursable expenses, and $4,291.12 to satisfy a New York Medicaid lien.