In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-340V 

(not to be published)

 

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KIM DUGUAY, 

 Petitioner,

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES,

 Respondent. 

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Filed: September 22, 2022 

Decision by Stipulation; Damages; 

Influenza (“Flu”) Vaccine;

Dermatomyositis. 

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1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted 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. 
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. 
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

KIM DUGUAY, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 18-340V

 Special Master Oler

 ECF 

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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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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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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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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