VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00211 Package ID: USCOURTS-cofc-1_14-vv-00211 Petitioner: Henrietta Duplessis Joiner Filed: 2014-08-27 Decided: 2015-09-17 Vaccine: influenza Vaccination date: 2012-03-01 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 351000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00211-0 Date issued/filed: 2015-09-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/27/2015) regarding 26 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00211-UNJ Document 28 Filed 09/17/15 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-211V Filed: August 27, 2015 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * HENRIETTA DUPLESSIS JOINER, * The Estate of, through * ALEX JOINER, GUY C. JOINER, * DWAIN JOINER, * DOROTHY JEAN DISHER, * Stipulation; Flu; GBS; Death LINDA GUAGLIARDO, and * ROBBIN THOMPSON, * * * Petitioner, * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jessica Wittmer Hayes, Murray Law Firm, New Orleans, LA, for petitioners. Amy Kokot, U.S. Dep’t. of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: On behalf of the Estate of Henrietta Duplessis Joiner, Alex Joiner, Guy C. Joiner, Dwain Joiner, Dorothy Jean Disher, Linda Guagliardo, and Robbin Thompson[“petitioners”] filed a petition for compensation under the National Vaccine 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. Case 1:14-vv-00211-UNJ Document 28 Filed 09/17/15 Page 2 of 7 Injury Compensation Program2 on March 13, 2014. Petitioners alleged that Henrietta Duplessis Joiner developed Guillain-Barre syndrome [GBS] and died as a result of the flu vaccine she received on March 1, 2012. See Stipulation, filed Aug. 27, 2015, at ¶¶ 2, 4. Respondent denies that the Henrietta Duplessis Joiner’s flu vaccination caused any injury or her death; and denies that her death occurred as a result of a vaccine- related injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On August 27, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioners: a. A lump sum of $351,000.00 in the form of a check payable to petitioners, The Estate of Henrietta Duplessis Joiner, through Alex Joiner, Guy C. Joiner, Dwain Joiner, Dorothy Jean Disher, Linda Guagliardo, and Robbin Thompson . This amount represents compensation for all damages that would be available under § 300aa-15(a). The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. Case 1:14-vv-00211-UNJ Document 28 Filed 09/17/15 Page 3 of 7 Case 1:14-vv-00211-UNJ Document 28 Filed 09/17/15 Page 4 of 7 Case 1:14-vv-00211-UNJ Document 28 Filed 09/17/15 Page 5 of 7 Case 1:14-vv-00211-UNJ Document 28 Filed 09/17/15 Page 6 of 7 Case 1:14-vv-00211-UNJ Document 28 Filed 09/17/15 Page 7 of 7