Opinion

Pedigo v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Jun 27, 2025
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

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 27, 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.

DECISION AWARDING DAMAGES 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”). On May 16, 2025, a ruling on entitlement was issued, finding Petitioner

entitled to compensation for a SIRVA. On May 20, 2025, Respondent filed a proffer on

award of compensation indicating Petitioner should be awarded $91,088.61 (consisting

of $90,000.00 for pain and suffering, and $1,088.61 for unreimbursed expenses).

Respondent’s Proffer on Award of Compensation (“Proffer”) at 1. 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.

Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum

payment of $91,088.61 (consisting of $90,000.00 for pain and suffering, and

1

Because this Decision 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 Decision 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2018).

$1,088.61 for unreimbursed expenses) 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 Section

15(a).

The Clerk of Court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

KERRYINGTON P. PEDIGO,

Petitioner, No. 24-373V

Chief Special Master Corcoran

v. SPU

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History and Items of Compensation

On May 9, 2025, respondent filed his Vaccine Rule 4(c) report, and conceded that

entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 20.

Thereafter, on May 16, 2025, the Chief Special Master issued a Ruling on Entitlement finding

that petitioner was entitled to vaccine compensation for her left Shoulder Injury Related to

Vaccine Administration (“SIRVA”). ECF Nos. 22, 23.

Based on the evidence of record, respondent proffers that petitioner should be awarded

$91,088.61, which is comprised of damages for pain and suffering ($90,000.00) and

unreimbursed expenses ($1,088.61). This amount represents all elements of compensation to

which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.

1 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 lost earnings

and future pain and suffering.

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through

a lump sum payment of $91,088.61, to be paid through an ACH deposit to petitioner’s counsel’s

IOLTA account for prompt disbursement to petitioner. Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

YAAKOV M. ROTH

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

COLLEEN C. HARTLEY

Assistant Director

Torts Branch, Civil Division

s/ Mallori B. Openchowski

MALLORI B. OPENCHOWSKI

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, DC 20044-0146

Tel.: (202) 305-0660

mallori.b.openchowski@usdoj.gov

DATED: May 20, 2025

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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