Moreau v. Secretary of Health and Human Services
16-283
| Fed. Cl. | Mar 3, 2017Background
- Petitioner Heather Moreau filed a Vaccine Act claim on behalf of the estate of Douglas C. Riemer, alleging his March 5, 2015 death was caused by a Varicella vaccination administered on February 4, 2015.
- Mr. Riemer suffered severe chronic kidney disease and was immunocompromised.
- Medical records showed rapid onset of disseminated varicella infection leading to multi-organ failure and death within about three weeks of vaccination.
- Respondent conceded entitlement in a Rule 4(c) report, concluding the Varicella vaccine (live-attenuated Oka strain) likely triggered disseminated VZV infection in an immunocompromised host.
- Respondent stated no other causes of death were identified in the medical record and that timing was medically appropriate to infer causation.
- The Special Master accepted respondent’s concession and found petitioner entitled to compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mr. Riemer’s death was caused-in-fact by the Varicella vaccine | Vaccine caused disseminated VZV infection leading to death within a medically appropriate timeframe | Conceded that vaccine most likely caused disseminated VZV infection and death; no other causes identified | Entitlement to compensation found based on concession and record evidence |
| Whether statutory/jurisdictional requirements satisfied | Petition met Vaccine Act requirements for an award | Government: all requirements met; recommends award | Special Master finds statutory and jurisdictional requirements met |
Key Cases Cited
- None — the ruling is based on the parties’ factual record and respondent’s concession; no reported appellate or trial decisions were cited.