VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00012
Package ID: USCOURTS-cofc-1_22-vv-00012
Petitioner: William Rash
Filed: 2022-01-05
Decided: 2026-03-30
Vaccine: influenza
Vaccination date: 2020-09-11
Condition: shoulder injury related to vaccine administration (SIRVA) or off-Table shoulder injury
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00012-0
Date issued/filed: 2026-02-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/08/2026) regarding 45 Ruling on Entitlement. Signed by Special Master Daniel T. Horner. (cd) Service on parties made.
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Case 1:22-vv-00012-UNJ Document 46 Filed 02/02/26 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-12V
Filed: January 8, 2026
WILLIAM RASH, Special Master Horner
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 5, 2022, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that as a result of his September 11, 2020 influenza
(“flu”) vaccination he suffered a Table Injury of a shoulder injury related to vaccine
administration (“SIRVA”), or alternatively, a shoulder injury caused-in-fact by his
vaccination. (ECF No. 1, pp. 1, 7.)
After petitioner filed his vaccine administration record (Ex. 1), an affidavit (Ex. 2),
medical records (Exs. 3-6), and an expert report supporting his claim by orthopedic
specialist Brett Cascio, M.D. (Ex. 7), respondent initially filed a Rule 4(c) Report
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
1

Case 1:22-vv-00012-UNJ Document 46 Filed 02/02/26 Page 2 of 2
recommending against compensation. (ECF No. 41.) Respondent contended that
petitioner could not demonstrate a Table SIRVA because onset of his condition was 72-
hours post-vaccination. (Id. at 5 n.2.) He further contended that Dr. Cascio’s report
lacked the specificity necessary to support a cause-in-fact claim. (Id. at 6.) Petitioner
subsequently filed a supplemental expert report by Dr. Cascio (Ex. 10), and respondent
was provided the opportunity to present a responsive expert report (Non-PDF
Scheduling Order, filed Oct. 14, 2025). Instead, respondent filed an amended Rule 4(c)
Report in which he indicated that he “maintains that petitioner has not met his burden of
proof under the Vaccine Act. Nevertheless, in light of petitioner’s expert reports,
respondent no longer wishes to defend against petitioner’s entitlement claim before the
Office of Special Masters and requests a ruling on the record regarding petitioner’s
entitlement to compensation.” (ECF No. 44, p. 7.)
In view of Respondent’s position (see Vaccine Rule 8(f)) and based on my review
of the evidentiary record as a whole, I find that petitioner is entitled to compensation.
Compare, e.g., Pitts v. Sec’y of Health & Human Servs., No. 18-1512V, 2023 WL
2770943, at *14 (Fed. Cl. Spec. Mstr. Apr. 4, 2023) (finding one-week post-vaccination
onset does not support a vaccine-related shoulder injury), with Murray v. Sec’y of Health
& Human Servs., No. 17-1357V, 2022 WL 17829797, at *16-17 (Fed. Cl. Spec. Mstr.
Oct. 27, 2022) (finding entitlement where onset of shoulder pain occurred within “a few
days” and less than seven days post-vaccination), and Jewell v. Sec’y of Health &
Human Servs., No. 16-0670V, 2017 WL 7259139, at * 3 (Fed. Cl. Spec. Mstr. Aug. 4,
2017) (finding entitlement for shoulder injury occurring 72 hours post-vaccination).
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00012-1
Date issued/filed: 2026-04-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/30/2026) regarding 50 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (cd) Service on parties made.
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Case 1:22-vv-00012-UNJ Document 53 Filed 04/24/26 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-12V
Filed: March 30, 2026
WILLIAM RASH, Special Master Horner
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On January 5, 2022, petitioner, William Rash, filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.2 (the “Vaccine Act”). (ECF No. 1.) Petitioner alleged that as a result of his
September 11, 2020 influenza (“flu”) vaccination he suffered a Table Injury of a shoulder
injury related to vaccine administration (“SIRVA”), or alternatively, a shoulder injury
caused-in-fact by his vaccination. (Id. at 1, 7.)
On January 8, 2026, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his shoulder injury. On March 30, 2026, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$25,000.00. (ECF No. 49.) In the Proffer, respondent represented that petitioner
agrees with the proffered award. (Id.) Based on the record as a whole, I find that
petitioner is entitled to an award as stated in the Proffer.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:22-vv-00012-UNJ Document 53 Filed 04/24/26 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $25,000.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner. This amount
represents compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:22-vv-00012-UNJ Document 53 Filed 04/24/26 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WILLIAM RASH,
Petitioner,
v. No. 22-12V (ECF)
Special Master Horner
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
On January 5, 2022, William Rash (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), as amended, alleging that he sustained a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) following receipt of an influenza (“flu”) vaccination administered on
September 11, 2020. Petition at 1 (ECF No. 1). On September 12, 2025, the Secretary of Health
and Human Services (“respondent”) filed his Rule 4(c) Report arguing that compensation was
not appropriate in this case. ECF No. 41. On January 6, 2026, after petitioner filed an expert
report, respondent filed an Amended Rule 4(c) Report, maintaining that while he did not believe
compensation was appropriate, he would not continue to defend this case. ECF No. 44. On
January 8, 2026, the Special Master issued a Ruling on Entitlement, finding that petitioner is
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:22-vv-00012-UNJ Document 53 Filed 04/24/26 Page 4 of 5
entitled to vaccine compensation for a shoulder injury following the flu vaccine he received on
September 11, 2020.2 ECF No. 45.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$25,000.00 in pain and suffering. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award/Recommended Payment
The parties recommend that compensation provided to petitioner should be made through
one lump sum payment as described below and request that the Special Master’s decision and the
Court’s judgment award the following:3
A lump sum payment of $25,000.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, William Rash.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
JONATHAN D. GUYNN
Acting Director
Torts Branch, Civil Division
2 Respondent has no objection to the amount of the proffered award of damages set forth herein.
Assuming the special master issues a damages decision in conformity with this proffer,
respondent waives his right to seek review of such damages decision. However, respondent
reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the special master’s
January 8, 2026, entitlement decision.
3 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
2

Case 1:22-vv-00012-UNJ Document 53 Filed 04/24/26 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Joseph D. Leavitt
JOSEPH D. LEAVITT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 880-0390
Dated: March 30, 2026 joseph.leavitt@usdoj.gov
CERTIFICATE OF SERVICE
I certify that today, March 30, 2026, I sent a copy of the foregoing pleading via electronic
mail to petitioner’s counsel, David Carney, at dcarney@greenlegalteam.com.
s/ Joseph D. Leavitt
JOSEPH D. LEAVITT
3