William Ayscue, a Minor, by His Parents Laura and Russell Ayscue v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* WILLIAM AYSCUE, a minor, * by his parents LAURA AND RUSSELL * No. 13-125V AYSCUE, * Petitioners, * Special Master Christian J. Moran * v. * Filed: August 7, 2013 * SECRETARY OF HEALTH * Stipulation; haemophilus influenza type B AND HUMAN SERVICES, * and Prevnar vaccines; myositis, periostitis, * osteomyelitis, periosteal abscess Respondent. * ************************* UNPUBLISHED DECISION 1 Michael G. McLaren, Black & McLaren, Memphis, TN, for Petitioner; Tara J. Kilfoyle, U.S. Department of Justice, Washington, D.C., for Respondent.

On August 5, 2013, the parties filed a joint stipulation concerning the petition for compensation filed by Laura and Russell Ayscue, on behalf of their son, William Ayscue (“William”) on February 19, 2013. In their petition, petitioners alleged that the haemophilus influenza type B and Prevnar vaccines, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which William received on March 26, 2012, caused him to develop a limp, thigh swelling, myositis, periostitis, left femoral osteomyelitis with febrile illness, and a possible periosteal abscess, and that these injuries resulted in inpatient hospitalization and surgical intervention. Petitioners represent that there has been no prior award or settlement of a civil action for damages on their behalf as a result of William’s condition.

Respondent denies that the haemophilus influenza type B and Prevnar vaccines caused William’s limp, thigh swelling, myositis, periostitis, left femoral osteomyelitis with febrile illness, or possible periosteal abscess, or any other injuries, or his current condition.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.

The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: A. A lump sum payment of $1,600.00 in the form of a check payable to petitioners, Laura Ayscue and Russell Ayscue.

B. A lump sum payment of $16,500.00 in the form of a check payable to petitioners as guardians of William’s estate.

This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-125V according to this decision and the attached stipulation. 2 Any questions may be directed to my law clerk, Tucker McCarthy, at (202) 357-6392.

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.