Henrietta Duplessis Joiner v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2015)

Filed 2014-08-27Decided 2015-09-17Vaccine Influenza
compensated$351,000death

Case summary [AI summaries can sometimes make mistakes]

On March 13, 2014, the Estate of Henrietta Duplessis Joiner, through heirs Alex Joiner, Guy C. Joiner, Dwain Joiner, Dorothy Jean Disher, Linda Guagliardo, and Robbin Thompson, filed a petition for compensation under the National Vaccine Injury Compensation Program.

The petitioners alleged that Henrietta Duplessis Joiner received a flu vaccine on March 1, 2012, and subsequently developed Guillain-Barre syndrome (GBS), which led to her death. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused any injury or death, and denied that her death occurred as a result of a vaccine-related injury.

Despite the respondent's denial, the parties reached a settlement. On August 27, 2015, they filed a joint stipulation agreeing to settle the case.

As part of the stipulation, the respondent agreed to pay the petitioners a lump sum of $351,000.00, payable to the Estate of Henrietta Duplessis Joiner through her named heirs, as compensation for all damages. Special Master Thomas L.

Gowen adopted the stipulation and awarded compensation accordingly, directing the clerk of the court to enter judgment. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

The attorneys for the petitioners were Jessica Wittmer Hayes of the Murray Law Firm, and the attorney for the respondent was Amy Kokot from the U.S. Department of Justice.

Theory of causation

The petition alleged that Henrietta Duplessis Joiner received a flu vaccine on March 1, 2012, and subsequently developed Guillain-Barre syndrome (GBS), which resulted in her death. The respondent denied that the vaccination caused the injury or death. The case was settled via joint stipulation, with the respondent agreeing to pay $351,000.00 to the petitioners. The Special Master adopted the stipulation and awarded compensation. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The attorneys involved were Jessica Wittmer Hayes for the petitioners and Amy Kokot for the respondent. The decision date was September 17, 2015.

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