VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00283
Package ID: USCOURTS-cofc-1_16-vv-00283
Petitioner: Estate of DOUGLAS C. RIEMER
Filed: 2016-11-22
Decided: 2017-03-03
Vaccine: Varicella
Vaccination date: 2015-02-04
Condition: Disseminated Varicella Zoster Virus (“VZV”) Infection; multi-organ failure
Outcome: compensated
Award amount USD: 450000

AI-assisted case summary:
Heather Moreau, as Executor of the Estate of Douglas C. Riemer, filed a petition alleging that Mr. Riemer's death on March 5, 2015, was caused by the Varicella vaccine he received on February 4, 2015. Mr. Riemer was immunocompromised due to severe chronic kidney disease. The respondent conceded that the medical records demonstrated Mr. Riemer's death resulted from multi-organ failure most likely caused by disseminated Varicella infection triggered by the vaccination. The respondent noted that the onset of Mr. Riemer's rapid decline and death from disseminated VZV infection within three weeks of vaccination was a medically appropriate timeframe to infer causation. The respondent concluded that all statutory and jurisdictional requirements were met and entitlement to compensation was appropriate. The court found petitioner entitled to compensation. Subsequently, the parties agreed to a settlement amount. The court awarded a lump sum payment of $450,000.00 to Heather Moreau, as Legal Representative of the Estate of Douglas C. Riemer, representing compensation for all damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00283-0
Date issued/filed: 2017-03-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/22/2016) regarding 21 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00283-UNJ Document 34 Filed 03/03/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0283V
Filed: November 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HEATHER MOREAU, Executor, *
Estate of DOUGLAS C. RIEMER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Varicella Vaccine; Disseminated
v. * Varicella Zoster Virus (“VZV”) Infection;
* Immunocompromised Person; Death;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 29, 2016, Heather Moreau (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”), on behalf of the Estate of Douglas C. Riemer.
Petitioner alleges that Mr. Riemer’s death on March 5, 2015, was caused in fact by the
Varicella vaccine he received on February 4, 2015. Pet. at 1. The case was assigned
to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On November 21, 2016, respondent filed a Rule 4(c) Report in which she
concedes that compensation should be awarded for Mr. Riemer’s death. Rule 4(c) Rep.
at 3. Specifically, respondent stated that “the medical records demonstrate Mr.
Riemer’s death on March 5, 2015, resulted from multi-organ failure most likely caused
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00283-UNJ Document 34 Filed 03/03/17 Page 2 of 2
by disseminated Varicella infection triggered by the Varicella vaccination he received on
February 4, 2015.” Id. Respondent further stated that no other causes for petitioner’s
death were identified in the medical record. Id. According to medical personnel of the
Department of Health and Human Services, “the Varicella vaccine is a live-attenuated
viral vaccine, derived from the Oka strain of VZV [varicella zoster virus].” Id. Due to a
weakened immune system, immunocompromised persons[,]” such as Mr. Riemer, who
suffered from severe chronic kidney disease, “have a high risk of contracting
disseminated disease from VZV infection. The onset of Mr. Riemer’s rapid decline and
death from a disseminated VZV infection within three weeks of receiving a Varicella
vaccination is a medically appropriate time-frame to infer causation with the
vaccination.” Id.
Respondent concludes that all statutory and jurisdictional requirements have
been met, and that entitlement to compensation is appropriate under the terms of the
Vaccine Act. Rule 4(c) Rep. at 3.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00283-1
Date issued/filed: 2017-03-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/22/2016) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00283-UNJ Document 35 Filed 03/06/17 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0283V
Filed: November 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HEATHER MOREAU, Executor, *
Estate of DOUGLAS C. RIEMER, *
*
Petitioner, * Damages Decision Based on Proffer;
* Varicella Vaccine; Disseminated
v. * Varicella Zoster Virus (“VZV”) Infection;
* Immunocompromised Person; Death;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 29, 2016, Heather Moreau (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”), on behalf of the Estate of Douglas C. Riemer.
Petitioner alleged that Mr. Riemer’s death on March 5, 2015, was caused in fact by the
Varicella vaccine he received on February 4, 2015. Pet. at 1. The case was assigned
to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On November 22, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for Mr. Riemer’s death on behalf of his Estate. On
November 21, 2016, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $450,000.00. Proffer at 1-2. In the Proffer,
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00283-UNJ Document 35 Filed 03/06/17 Page 2 of 5
respondent represented that petitioner agrees with the proffered award. Id. Based on
the record as a whole, the undersigned finds that petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards a
lump sum payment of $450,000.00 in the form of a check payable to petitioner, as
Legal Representative of the Estate of Douglas C. Riemer.3 This amount represents
compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “Petitioner represents that she presently is, or within 90 days of the date of judgment will become, duly
authorized to serve as legal representative of Douglas C. Riemer’s estate under the laws of the State of
Wisconsin.” Proffer at 2. “No payments pursuant to [the] Proffer shall be made until petitioner provides
the Secretary with documentation establishing her appointment as Legal Representative of Mr. Riemer’s
estate. If petitioner is not authorized by a court of competent jurisdiction to serve as Legal Representative
of the estate of Douglas C. Riemer at the time a payment pursuant to this Stipulation is to be made, any
such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve
as Legal Representative of the estate of Douglas C. Riemer upon submission of written documentation of
such appointment to the Secretary. Petitioner agrees.” Id. at n.1.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:16-vv-00283-UNJ Document 35 Filed 03/06/17 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
Heather Moreau, Executor, *
ESTATE OF DOUGLAS C. RIEMER, *
*
Petitioner, *
*
v. * No. 16-283V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
PROFFER ON AWARD OF COMPENSATION
On November 21, 2016, respondent filed her Vaccine Rule 4(c) Report recommending
that a preponderance of the medical evidence indicates that Douglas C. Riemer’s death on March
5, 2015 was causally related to the Varicella vaccination he received on February 4, 2015. The
parties now address the amount of compensation to be awarded in this case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$450,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
As soon as practicable after an entry of judgment reflecting a decision consistent with the
terms of this Proffer, 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:

Case 1:16-vv-00283-UNJ Document 35 Filed 03/06/17 Page 4 of 5
A lump sum of $450,000.00 in the form of a check payable to petitioner, as Legal
Representative of the Estate of Douglas C. Riemer, representing compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
Petitioner represents that she presently is, or within 90 days of the date of judgment will
become, duly authorized to serve as legal representative of Douglas C. Riemer’s estate under the
laws of the State of Wisconsin.1
Accordingly, the parties recommend that the compensation provided to petitioner should
be made through a lump sum payment of $450,000.00 in the form of a check payable to
petitioner as Legal Representative of the Estate of Douglas C. Riemer. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
1 No payments pursuant to this Proffer shall be made until petitioner provides the Secretary with
documentation establishing her appointment as Legal Representative of Mr. Riemer’s estate. If
petitioner is not authorized by a court of competent jurisdiction to serve as Legal Representative
of the estate of Douglas C. Riemer at the time a payment pursuant to this Stipulation is to be
made, any such payment shall be paid to the party or parties appointed by a court of competent
jurisdiction to serve as Legal Representative of the estate of Douglas C. Riemer upon submission
of written documentation of such appointment to the Secretary. Petitioner agrees.
2

Case 1:16-vv-00283-UNJ Document 35 Filed 03/06/17 Page 5 of 5
s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: November 21, 2016
3