Carpenter v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 22-1823V

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

* DEBORAH CARPENTER, * Chief Special Master Corcoran

* Petitioner, * Filed: July 16, 2026

* v. *

* SECRETARY OF HEALTH AND * HUMAN SERVICES, *

* Respondent. *

* ************************* Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, Respondent.

DECISION AWARDING DAMAGES 1

On November 27, 2023, Deborah Carpenter filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleges that she suffered Lambert Eaton Myasthenia Syndrome (“LEMS”) that was caused0in-fact or alternatively that the vaccine significantly aggravated a pre-existing injury as a result of an influenza (“flu”) vaccination administered on September 23, 2020. Petition (ECF No. 1) at 1. Moreover, Petitioner alleges that she experienced residual effects of this injury for more than six months.

Respondent denies that Petitioner’s alleged LEMS or its residual effects were caused-in- fact by the flu vaccine or that the flue vaccine significantly aggravated a pre-existing injury; and denies that the flu vaccine caused Petitioner any other injury or current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on July 15, 2026) 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 of $175,000.00 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. 2

IT IS SO ORDERED.

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