William Rash v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) or off-Table shoulder injury (2026)
Case summary [AI summaries can sometimes make mistakes]
On January 5, 2022, William Rash filed a petition alleging that an influenza vaccination administered on September 11, 2020 caused a shoulder injury related to vaccine administration or, in the alternative, an off-Table shoulder injury. Respondent initially recommended against compensation, arguing that onset was seventy-two hours after vaccination and therefore outside the Table SIRVA window, and that orthopedic specialist Dr.
Brett Cascio's first expert report did not provide enough specificity to support causation-in-fact. After Mr.
Rash filed a supplemental report from Dr. Cascio, respondent maintained that petitioner had not met his burden but no longer wished to defend against entitlement.
Special Master Daniel T. Horner found Mr.
Rash entitled to compensation on January 8, 2026. Damages were resolved by proffer.
On March 30, 2026, Special Master Horner awarded $25,000.00 for pain and suffering as a lump sum payable through counsel's IOLTA account.
Theory of causation
Influenza vaccine on September 11, 2020, allegedly causing Table SIRVA or off-Table shoulder injury; COMPENSATED after respondent stopped defending entitlement following supplemental expert report. Respondent initially argued onset was 72 hours post-vaccination and Dr. Brett Cascio's expert report lacked specificity; petitioner supplemented. Award $25,000 pain/suffering only. SM Daniel T. Horner, petition filed January 5, 2022; entitlement January 8, 2026; damages March 30, 2026. Attorney: David John Carney.
Source PDFs
USCOURTS-cofc-1_22-vv-00012