Rash v. Secretary of Health and Human Services

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. 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.

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 COMPENSATION 1

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 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

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 [email protected]

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 [email protected]. s/ Joseph D. Leavitt JOSEPH D. LEAVITT