United States Court of Federal Claims, 2025

Dalrymple v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 30, 2025 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 22-1684V

*************************

* BRENDA DALRYMPLE, as executor of * ESTATE OF JAMES DALRYMPLE, * Chief Special Master Corcoran

* Petitioner, * Filed: September 3, 2025

* v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* ************************* Joseph A. Vuckovich, Mctlaw, Washington, DC, for Petitioner.

James V. Lopez, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 15, 2022, James Dalrymple filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Mr. Dalrymple alleged that he suffered from transverse myelitis (“TM”) as a result of his October 21, 2021, receipt of the influenza (“flu”) vaccine. On February 22, 2025, Mr. Dalrymple died, and on April 28, 2025, his widow, Brenda Dalrymple, as executor of the estate of Mr. Dalrymple, was substituted as the petitioner of record in this case. Petitioner alleges that Mr. Dalrymple suffered the residual effects of this injury for more than six months.

Respondent denies that the flu vaccine caused Mr. Dalrymple to suffer from TM, or any other injury, or caused his death. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation 3 (filed on September 3, 2025) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: • A lump sum payment of $100,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith. 4

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master

1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). 3 To avoid the unnecessary disclosure of Petitioner’s personal information, the AssureSign form included in the originally filed Stipulation has been removed from the copy of the Stipulation attached to this Decision. 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.

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