The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-373V
KERRYINGTON P. PEDIGO, Chief Special Master Corcoran
Petitioner, Filed: May 16, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT 1
On March 8, 2024, Kerryington P. Pedigo 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 she suffered a “Table Injury” of shoulder injury
related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccine
received on November 17, 2021. Petition at 1. Petitioner further alleges that she suffered
the residual effects of her injury for more than six months, that the vaccine was
administered within the United States, and that there has been no prior award or
settlement of a civil action on her behalf as a result of her injury. Id. at 1, 5-6. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
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Because this Ruling 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 Ruling 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.
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National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
On May 9, 2025, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
Conceding Entitlement to Compensation at 1. Specifically, Respondent has concluded
that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury table.
Id. at 4. Respondent further agrees that Petitioner has suffered the sequela of her injury
for more than six months and all other legal requirements have been met for
compensation under the Act. Id. at 4-5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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