Alice Raye Carpenter v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)
Case summary [AI summaries can sometimes make mistakes]
Alice Raye Carpenter filed a petition on November 19, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on November 15, 2019, caused her to develop Guillain-Barre Syndrome (GBS).
Ms. Carpenter stated that the vaccine was given in the United States, that she experienced residual effects of her condition for over six months, and that she had not received a prior award or settlement for damages.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury, and denied that the alleged injury was a sequela of a vaccine-related injury. Despite the respondent's denial, on February 6, 2023, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision.
Petitioner was awarded a lump sum of $100,000.00, payable to her, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on March 20, 2023.
Petitioner was represented by Eric J. Neiman of Lewis Brisbois Bisgaard & Smith LLP, and Respondent was represented by Felicia Langel of the U.S.
Department of Justice.
Theory of causation
Petitioner Alice Raye Carpenter alleged that an influenza vaccine administered on November 15, 2019, caused her to develop Guillain-Barre Syndrome (GBS). Respondent denied this allegation. The parties filed a joint stipulation on February 6, 2023, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision, awarding Petitioner a lump sum of $100,000.00 for all damages under Section 15(a). The public decision does not describe the specific medical or scientific theory of causation, nor does it name any medical experts or detail the clinical presentation, onset, symptoms, diagnostic tests, or treatments for Ms. Carpenter's alleged GBS. The decision was issued on March 20, 2023. Petitioner's counsel was Eric J. Neiman, and Respondent's counsel was Felicia Langel.
Source PDFs
USCOURTS-cofc-1_21-vv-02192