United States Court of Federal Claims, 2026

Derego v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 7, 2026 · Daniel T. Horner

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-1549V Filed: May 15, 2026

JANE DEREGO, administrator of ESTATE OF LAWRENCE DEREGO,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On November 9, 2020, Jane DeRego (“petitioner”) filed a petition on behalf of Lawrence DeRego (“decedent”), for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (“Vaccine Act”). Petitioner alleges that the decedent suffered Guillain Barré syndrome (“GBS”) as a result of his January 16, 2020 pneumococcal conjugate vaccination. Petition at 1; Stipulation, filed May 15, 2026, at ¶¶ 2, 4. Petitioner further alleges that the decedent’s vaccination caused his ultimate death, that there has been no prior award or settlement of a civil action for damages as a result of the decedent’s condition or death, and that the decedent’s vaccination was administered in the United States. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the decedent’s alleged GBS was caused in-fact by the pneumococcal conjugate vaccine; and denies that the pneumococcal conjugate vaccine caused the decedent any other injury or his death. ” Stipulation at ¶ 6.

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).

Nevertheless, on May 15, 2026, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

a. A lump sum payment of $130,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, as administrator of the Estate of Lawrence DeRego; and

b. A lump sum payment of $140.18,3 representing reimbursement of a Medicaid lien for services rendered to the decedent by the Commonwealth of Massachusetts, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to:

COMMONWEALTH OF MA Casualty Recovery P.O. BOX 417811 Boston, MA 02241-7811

Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master

3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Massachusetts may have against any individual as a result of any Medicaid payments the Commonwealth of Massachusetts has made to or on behalf of the decedent’s alleged injury relating to a vaccine administered on January 16, 2020, under Title XIX of the Social Security Act, 42 U.S.C. § 300aa-15(g), (h). Stipulation at n.1. 4 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.