United States Court of Federal Claims, 2013

Stacey and Renee Wyler, Legal Representatives of a Minor Child, Morgan Alexandra Wyler v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided November 14, 2013 · Special Master Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 09-803V Filed: November 14, 2013

* * * * * * * * * * * * * * * * UNPUBLISHED STACEY and RENEE WYLER, legal * representatives of a minor child, * MORGAN ALEXANDRA WYLER, *

* Special Master Dorsey Petitioners, *

* Joint Stipulation on Damages; v. * Diphtheria-Tetanus-acellular

* Pertussis (DTaP); Measles-Mumps SECRETARY OF HEALTH * Rubella (MMR); oral Polio (OPV) AND HUMAN SERVICES, * vaccines; adverse reaction and

* injuries.

Respondent. *

* * * * * * * * * * * * * * * * Lisa Annette Roquemore, Law Offices of Lisa A. Roquemore, Irvine, CA, for petitioners. Althea Walker Davis, United States Dept. of Justice, Washington, DC, for respondent.

DECISION1

On November 20, 2009, Stacey and Renee Wyler (petitioners), legal representatives of a minor child, Morgan Alexandra Wyler (“Morgan”), filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that Morgan sustained a vaccine-related injury as a result of her receipt of the Diphtheria- Tetanus-acellular Pertussis (“DTaP”), Measles-Mumps-Rubella (“MMR”), and oral Polio (“OPV”) vaccines, which she received on or about August 21, 2006. Petitioners allege that Morgan experienced the residual effects of this injury for more than six months.

On November 13, 2013, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies that the vaccines caused Morgan an adverse reaction, any other condition, or her current disabilities. 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 stipulated that petitioners shall receive the following compensation: A lump sum of $300,000.00, in the form of a check payable to Stacey and Renee Wyler, petitioners, as guardians of the estate of Morgan Alexandra Wyler. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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. 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.

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