VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01823 Package ID: USCOURTS-cofc-1_22-vv-01823 Petitioner: Deborah Carpenter Filed: 2023-11-27 Decided: 2026-07-16 Vaccine: influenza Vaccination date: 2020-09-23 Condition: Lambert Eaton Myasthenia Syndrome (“LEMS”) Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Deborah Carpenter filed a petition on November 27, 2023, alleging that an influenza vaccination administered on September 23, 2020, caused her to develop Lambert-Eaton Myasthenia Syndrome (LEMS) or significantly aggravated a pre-existing condition. She also claimed residual effects lasting over six months. Respondent denied that the vaccine caused her condition or aggravated a pre-existing injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on July 15, 2026. The stipulation awarded Petitioner $175,000.00 as compensation for all available damages. Chief Special Master Corcoran adopted the stipulation and ordered judgment to be entered. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01823-0 Date issued/filed: 2026-08-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/16/2026) regarding 53 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ers) Service on parties made. Modified on 9/4/2026 to reference reissued 58 PUBLIC DECISION correcting a clerical error in this decision. (fm). -------------------------------------------------------------------------------- Case 1:22-vv-01823-UNJ Document 57 Filed 08/10/26 Page 1 of 7 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 DAMAGES1 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. 1 Under Vaccine Rule 18(b), each party has fourteen (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). Otherwise, the whole Decision will be available to the public in its present form. Id. Case 1:22-vv-01823-UNJ Document 57 Filed 08/10/26 Page 2 of 7 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 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:22-vv-01823-UNJ Document 57 Filed 08/10/26 Page 3 of 7 Case 1:22-vv-01823-UNJ Document 57 Filed 08/10/26 Page 4 of 7 Case 1:22-vv-01823-UNJ Document 57 Filed 08/10/26 Page 5 of 7 Case 1:22-vv-01823-UNJ Document 57 Filed 08/10/26 Page 6 of 7 Case 1:22-vv-01823-UNJ Document 57 Filed 08/10/26 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01823-1 Date issued/filed: 2026-09-03 Pages: 7 Docket text: e on parties made. Modified on 9/3/2026 to identify the correction: Petition filed date corrected. (fm).PUBLIC DECISION correcting the Court's previous 57 PUBLIC DECISION (Originally filed: 07/16/2026 ) regarding 53 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Servic -------------------------------------------------------------------------------- Case 1:22-vv-01823-UNJ Document 58 Filed 09/03/26 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) 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 DAMAGES1 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. 1 Under Vaccine Rule 18(b), each party has fourteen (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). Otherwise, the whole Decision will be available to the public in its present form. Id. Case 1:22-vv-01823-UNJ Document 58 Filed 09/03/26 Page 2 of 7 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: (cid:120) 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 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:22-vv-01823-UNJ Document 58 Filed 09/03/26 Page 3 of 7 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. Case 1:22-vv-01823-UNJ Document 58 Filed 09/03/26 Page 4 of 7 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 ofj udgment reflecting a decision consistent with the terms oft his 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 ofj udgment 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-2l(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 2 Case 1:22-vv-01823-UNJ Document 58 Filed 09/03/26 Page 5 of 7 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 (4 2 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 behalfo f 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 ofF ederal 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. 3 Case 1:22-vv-01823-UNJ Document 58 Filed 09/03/26 Page 6 of 7 14. If petitioner should die prior to entry ofj udgment, 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 ofd amages, 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 ofp etitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I 4 Case 1:22-vv-01823-UNJ Document 58 Filed 09/03/26 Page 7 of 7 Respectfully submitted, PETITIONER: DE~ ATTORNEY OF RECORD FOR AUTHORJZED REPRESENTATIVE v PETITION w ER: OF THE ATTORNEY GENERAL: ~~e~ ~V.D HEATHER L. PEARLMAN Law Offices of Leah V. Durant Deputy Director 1717 K Street NW, Suite 900 Torts Branch Wa sbington, DC 20006 Civil Division 202-775-9200 U.S. Department of Justice Leldurant@durantllc.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0 l 46 AUTHORIZED REPRESENTATIVE ATIORNEY OF RECORD FOR OF THE SECRET ARY OF HEALT H RESPONDENT: AND HUMAN SERVICES: George R Grimes - Olgltally signed tr, Geor9• R. s Grlme·S16 16 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 Wa sbington, DC 20044--0146 5600 Fishers Lane, 14W-18 202-742-6374 Rockville, MD 20857 Katberine.Edwards2@usdoj.gov s