VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00373
Package ID: USCOURTS-cofc-1_24-vv-00373
Petitioner: Kerryington P. Pedigo
Filed: 2025-05-16
Decided: 2025-06-27
Vaccine: influenza
Vaccination date: 2021-11-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 91088

AI-assisted case summary:
Kerryington P. Pedigo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on November 17, 2021. She further alleged that she suffered residual effects for more than six months and met all other legal requirements for compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, finding her injury consistent with SIRVA as defined by the Vaccine Injury Table. The court issued a ruling on entitlement on May 16, 2025, finding Petitioner entitled to compensation. Subsequently, on May 20, 2025, the 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. Petitioner agreed with the proffered award. The court issued a decision awarding damages on June 27, 2025, awarding Petitioner the lump sum of $91,088.61.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00373-0
Date issued/filed: 2025-06-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/16/2025) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00373-UNJ Document 29 Filed 06/18/25 Page 1 of 2
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 ENTITLEMENT1
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.
1 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.
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).

Case 1:24-vv-00373-UNJ Document 29 Filed 06/18/25 Page 2 of 2
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
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00373-1
Date issued/filed: 2025-06-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/27/2025 ) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00373-UNJ Document 30 Filed 06/27/25 Page 1 of 4
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 DAMAGES1
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).

Case 1:24-vv-00373-UNJ Document 30 Filed 06/27/25 Page 2 of 4
$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

Case 1:24-vv-00373-UNJ Document 30 Filed 06/27/25 Page 3 of 4
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.

Case 1:24-vv-00373-UNJ Document 30 Filed 06/27/25 Page 4 of 4
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