Carpenter v. Secretary of Health and Human Services

$033&$5&% 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 December 15, 2022, 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: x 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OfflCE OF SPECIAL MASTERS DEBORAH CARPENTER,

Petitioner. v. No. 22- l 823V

Chief Special Master Brian H. Corcoran SECRETARY OF HEALTII AND ECF HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

I . Deborah Carpenter (''petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa.t0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly reJated to petitioner's receipt of an influenza ("flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the "Tablej, 42 C.F.R. § 100.3(a)

2. Petitioner received a flu vaccine on September 23, 2020.

3. The vaccine was administered within the United States.

4. Petitioner alleges that petitioner suffered Lambert Eaton Myasthenia Syndrome ("LEMS") that was caused-in-fact by the flu vaccine or alternatively that the vaccine significantly aggravated a pre-existing injury. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months.

S. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner•s behalf as a result of the alleged injury.

6. Respondent denies that petitioner's alleged LEMS or its residual effects were caused- in-fact by the flu vaccine or that the flu vaccine significantly aggravated a pre.existing injury; and denies that the flu vaccine caused petitioner any other injury or petitioner' s current condition.

7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services wiJI issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a):

A lump sum of St 7~,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner.

9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incwred in proceeding upon this petition.

10. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalfof petitioner's heirs, executors, administrators, successors or assigns, docs forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa.l0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on September 23, 2020, as alleged in a petition for vaccine compensation filed on or about December 15, 2022, in the United States Court of Federal Claims as petition No. 22-l823V.

14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.

15. lfthe special master fails to issue a decision in complete confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity with the tenns of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986. as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount ofdamages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement.

17. This Stipulation sball not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused or significantly aggravated petitioner's alleged injury or any other injury or petitioner's current disabilities.

18. All rights and obLigations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

I Respectfully submitted, PETITIONER:

DE~ ATTORNEY OF RECORD FOR AUTHORJZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: vw~V.D Law Offices of Leah V. Durant 1717 K Street NW, Suite 900

~~e~ HEATHER L. PEARLMAN Deputy Director Torts Branch

Wasbington, DC 20006 Civil Division 202-775-9200 U.S. Department of Justice [email protected] P.O. Box 146

Benjamin Franklin Station Washington, DC 20044-0 l46

AUTHORIZED REPRESENTATIVE ATIORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT:

AND HUMAN SERVICES:

George R Grimes - Olgltally signed tr, Geor9• R.

Grlme·S16 s16 Date: 2026.01.07 16:18:17 -<14'00'

~ ~zwµ ~ CJJa. CAPT GEORGE REED GRIMES, MD, MPH . THERINE EDW S Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Heahh Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Hwnan Services Wasbington, DC 20044--0146 5600 Fishers Lane, 14W-18 202-742-6374 Rockville, MD 20857 [email protected] s