Dennis Ducheneau v. HHS - Hib, Guillain-Barré syndrome (2022)
Case summary [AI summaries can sometimes make mistakes]
On March 27, 2017, Dennis Ducheneau filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging he suffered from Guillain-Barré syndrome (GBS) as a result of receiving Hib and meningococcal vaccinations on March 4, 2016. Mr.
Ducheneau passed away on April 26, 2020. His personal representative, Jeanne Ducheneau, became the petitioner on December 17, 2021, after filing the necessary probate documents.
The respondent, the Secretary of Health and Human Services, denied that either the Hib or meningococcal vaccine caused Mr. Ducheneau's alleged GBS, any other injury, or his subsequent death.
Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on February 15, 2022. Special Master Katherine E.
Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded a lump sum of $42,000.00, payable by check to Jeanne Ducheneau as the legal representative of the estate of Dennis Ducheneau.
This award was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on April 11, 2022.
Petitioner's counsel was Ronald Homer of Conway Homer, P.C., and respondent's counsel was Lara Englund of the U.S. Department of Justice.
Theory of causation
Petitioner Dennis Ducheneau alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving Hib and meningococcal vaccinations on March 4, 2016. The respondent denied that the vaccines caused the alleged GBS or subsequent death. The parties reached a stipulation to settle the case, and Special Master Katherine E. Oler adopted the stipulation as her decision. The public decision does not detail the specific medical experts, clinical findings, onset of symptoms, diagnostic tests, treatments, or the precise mechanism of causation relied upon by either party. The case was settled via stipulation, resulting in an award of $42,000.00 to the estate of Dennis Ducheneau, represented by Jeanne Ducheneau. The decision date was April 11, 2022. Petitioner's counsel was Ronald Homer, and respondent's counsel was Lara Englund.
Source PDFs
USCOURTS-cofc-1_17-vv-00431