VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00340
Package ID: USCOURTS-cofc-1_18-vv-00340
Petitioner: Kim Duguay
Filed: 2018-03-06
Decided: 2022-11-01
Vaccine: influenza
Vaccination date: 2016-01-29
Condition: dermatomyositis
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
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 November 1, 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.

Theory of causation field:
Petitioner Kim Duguay received an influenza vaccine on January 29, 2016, and alleged she developed dermatomyositis as a result. The respondent denied causation. The case was settled by stipulation, with the Special Master adopting the terms. The stipulation awarded $85,000.00 for all damages. The theory of causation is based on the Vaccine Injury Table, as the influenza vaccine is listed. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The decision date was November 1, 2022. Petitioner's counsel was Verne E. Paradie, Jr., and respondent's counsel was Mary Eileen Holmes. Special Master Katherine E. Oler issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00340-0
Date issued/filed: 2022-11-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/22/2022) regarding 65 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:18-vv-00340-UNJ Document 73 Filed 11/01/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-340V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
KIM DUGUAY,
*
* Filed: September 22, 2022
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH AND * Dermatomyositis.
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Verne E. Paradie, Jr., Paradie & Rabasco, Lewiston, ME, for Petitioner
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On March 6, 2018, Kim Duguay (“Petitioner”) filed a petition, seeking compensation under
the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1.
Petitioner alleges she suffered from dermatomyositis (“DM”) as a result of the influenza (“flu”)
vaccination she received on January 29, 2016. See Stipulation ¶ 2, 4, dated September 22, 2022
(ECF No. 64); see also Petition.
Respondent denies “that the flu vaccine caused petitioner to develop DM, any other injury,
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 1:18-vv-00340-UNJ Document 73 Filed 11/01/22 Page 2 of 7
and/or her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining
their above-stated positions, agreed in a stipulation filed September 22, 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 $85,000.00 in the form of a check payable to petitioner.
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.

Case 1:18-vv-00340-UNJ Document 73 Filed 11/01/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KIM DUGUAY,
Petitioner, No. 18-340V
Special Master Oler
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. On March 6, 2018, Kim Duguay (“petitioner”) filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10
to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to
petitioner’s receipt of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on January 29, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered from dermatomyositis (“DM”) as a result of
receiving the flu vaccine. Petitioner alleges that she experienced the residual effects of this
condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
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Case 1:18-vv-00340-UNJ Document 73 Filed 11/01/22 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner to develop DM, any other
injury, and/or her current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $85,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:18-vv-00340-UNJ Document 73 Filed 11/01/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from the flu vaccination administered on January 29, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about March 6, 2018, in
the United States Court of Federal Claims as petition No. 18-340V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:18-vv-00340-UNJ Document 73 Filed 11/01/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner to suffer from
DM, or any other injury or condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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