VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00636
Package ID: USCOURTS-cofc-1_14-vv-00636
Petitioner: Douglas Rettman
Filed: 2014-07-21
Decided: 2016-09-27
Vaccine: influenza
Vaccination date: 2012-11-13
Condition: encephalopathy
Outcome: compensated
Award amount USD: 275556

AI-assisted case summary:
Douglas Rettman filed a petition on July 21, 2014, alleging that he developed encephalopathy as a result of receiving an influenza vaccine on November 13, 2012. He claimed to have suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Rettman's encephalopathy or any other injury. Despite this denial, the parties reached a joint stipulation for damages. The court reviewed the stipulation and found it to be reasonable. As a result, the court adopted the stipulation as its decision, awarding Mr. Rettman compensation. The award included a lump sum of $275,556.00, intended to cover all damages available under the National Vaccine Injury Compensation Program. This amount was to be paid directly to Mr. Rettman. The decision was entered on September 27, 2016, based on the joint stipulation.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00636-0
Date issued/filed: 2016-09-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/30/2016) regarding 53 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00636-UNJ Document 59 Filed 09/27/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-636V
Filed: August 30, 2016
* * * * * * * * * * * * * UNPUBLISHED
DOUGLAS RETTMAN, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Encephalopathy
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 21, 2014, Douglas Rettman (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged
that he developed encephalopathy as a result of receiving an influenza (“flu”) vaccine on
November 13, 2012, and that he suffered the residual effects of this injury for more than six
months. Stipulation at ¶4.
On August 30, 2016, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine is the cause of
petitioner’s encephalopathy or any other injury or his current condition. Stipulation at ¶ 6.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14
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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§
300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the
Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00636-UNJ Document 59 Filed 09/27/16 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following in compensation:
a. A lump sum of $275,556.00, 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).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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