Kim Duguay v. HHS - Influenza, dermatomyositis (2022)

Kim Duguay filed a petition on March 6, 2018, seeking compensation under the National Vaccine Injury Compensation Program for dermatomyositis, which she alleged was caused by an influenza vaccine received on January 29, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to develop dermatomyositis, any other injury, or her current condition.

Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on September 22, 2022. Special Master Katherine E.

Oler reviewed the stipulation and found it reasonable, adopting its terms as her decision. The stipulation awarded Kim Duguay a lump sum of $85,000.00, payable by check to the petitioner, as compensation for all available damages under 42 U.S.C. § 300aa-15(a).

The decision was made by stipulation on September 22, 2022. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.

The flu vaccine is listed on the Vaccine Injury Table. Verne E.

Paradie, Jr. represented the petitioner, and Mary Eileen Holmes represented the respondent.