VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00628
Package ID: USCOURTS-cofc-1_13-vv-00628
Petitioner: Steven Carpenter
Filed: 2013-08-30
Decided: 2016-05-02
Vaccine: DT
Vaccination date: 2011-04-08
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 290000

AI-assisted case summary:
Steven Carpenter filed a petition on August 30, 2013, alleging that a diphtheria-tetanus (DT) vaccination administered on April 8, 2011, caused him to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the DT vaccine caused Petitioner's GBS or any other injury. The parties subsequently filed a joint stipulation on December 10, 2015, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $290,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Richard Gage of Richard Gage, PC. Respondent was represented by Lara Englund of the United States Department of Justice. The decision was issued on December 11, 2015.

Theory of causation field:
Petitioner Steven Carpenter alleged that a DT vaccination on April 8, 2011, caused him to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties entered into a joint stipulation on December 10, 2015, agreeing to compensation. Special Master Hamilton-Fieldman adopted the stipulation as the decision of the Court. Petitioner received a lump sum award of $290,000.00. Petitioner's counsel was Richard Gage (Richard Gage, PC), and Respondent's counsel was Lara Englund (DOJ). The decision date was December 11, 2015.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00628-0
Date issued/filed: 2016-01-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/11/2015) regarding 52 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00628-UNJ Document 56 Filed 01/04/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-628V
Filed: December 11, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
STEVEN CARPENTER, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Diptheria-Tetanus (“DT”) Vaccine;
* Guillain-Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Richard Gage, Richard Gage, PC, Cheyenne, WY, for Petitioner.
Lara Englund, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 30, 2013, Steven Carpenter (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that a Diptheria-Tetanus (“DT”) vaccination administered on April 8, 2011
caused him to suffer from Guillain-Barré syndrome (“GBS”).
On December 10, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the DT vaccine is the cause
of Petitioner’s GBS or any other injury or his current condition. However, the parties agree to
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00628-UNJ Document 56 Filed 01/04/16 Page 2 of 7
the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $290,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::1133--vvvv--0000662288--UUNNJJ DDooccuummeenntt 5516 FFiilleedd 1021//1004//1156 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000662288--UUNNJJ DDooccuummeenntt 5516 FFiilleedd 1021//1004//1156 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000662288--UUNNJJ DDooccuummeenntt 5516 FFiilleedd 1021//1004//1156 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000662288--UUNNJJ DDooccuummeenntt 5516 FFiilleedd 1021//1004//1156 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000662288--UUNNJJ DDooccuummeenntt 5516 FFiilleedd 1021//1004//1156 PPaaggee 57 ooff 57