Margaret Carpenter v. HHS - Influenza, transverse myelitis (2015)

Margaret Carpenter filed a petition for vaccine compensation on January 22, 2015, alleging that the influenza vaccine she received on or about January 19, 2013, caused her to develop transverse myelitis. She further alleged that she experienced residual effects from this condition for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Ms. Carpenter's alleged injury or any other injury or condition.

Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case. Special Master Christian J.

Moran reviewed the stipulation and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $175,000.00, payable to Margaret Carpenter, as compensation for all damages.

Additionally, a lump sum of $23,406.21 was awarded for attorneys' fees and costs, payable jointly to Ms. Carpenter and her attorney, David J.

Carney of the law firm Anapol Schwartz et al. The decision noted that Ms.

Carpenter represented there had been no prior award or settlement of a civil action for damages related to her condition. The stipulation included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged vaccine injury.

The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, and it was not an admission by the United States or the Secretary that the flu vaccine caused the petitioner's alleged injury. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.

The Special Master's decision was filed on August 28, 2015.