VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00431
Package ID: USCOURTS-cofc-1_17-vv-00431
Petitioner: Dennis Ducheneau
Filed: 2017-03-27
Decided: 2022-04-11
Vaccine: Hib
Vaccination date: 2016-03-04
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 42000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00431-0
Date issued/filed: 2022-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/15/2022) regarding 109 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-00431-UNJ Document 113 Filed 04/11/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-431V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
JEANNE DUCHENEAU, personal *
*
representative of the estate of DENNIS
* Filed: February 15, 2022
DUCHENEAU, *
*
Petitioner, *
* Decision by Stipulation; Damages; Hib
* Vaccine; Meningococcal Vaccine;
v. * Guillain-Barré syndrome.
*
*
SECRETARY OF HEALTH AND
*
HUMAN SERVICES,
*
*
Respondent. *
*
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway Homer, P.C., Boston, MA, for Petitioner
Lara Englund, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On March 27, 2017, Dennis Ducheneau (former Petitioner) filed a petition, seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Mr. Ducheneau alleges he suffered from Guillain-Barré syndrome
as a result of the Hib and meningococcal vaccinations he received on March 4, 2016. See
Stipulation ¶ 2, 4, dated February 15, 2022 (ECF No. 108); see also Petition. Mr. Ducheneau
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
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 Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:17-vv-00431-UNJ Document 113 Filed 04/11/22 Page 2 of 7
passed away on April 26, 2020. Ex. 181. Ms. Ducheneau became Petitioner on December 17, 2021
after the appropriate probate documents were filed. ECF No. 104.
Respondent denies “that either the Hib or meningococcal vaccine is the cause of Mr.
Ducheneau’s alleged GBS or any other injury or his subsequent death.” See Stipulation ¶ 6.
Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation
filed February 15, 2022 that the issues before them can be settled and that a decision should be
entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
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 $42,000.00 in the form of a check payable to petitioner, Jeanne Ducheneau,
as legal representative of the estate of Dennis Ducheneau.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
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.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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