Walter v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1663V Filed: March 15, 2019 UNPUBLISHED

WENDI WALTER and PHILLIP WALTER, on behalf of M.W., a minor child,, Special Processing Unit (SPU); Joint Petitioner, Stipulation on Damages; Rotavirus v. Vaccine; Intussusception SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 2, 2017, 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”). Petitioners allege that their minor child, M.W., suffered an intussusception as a result of his Rotarix, Prevnar 13, HiB, DTaP, Hepatitis B and IPV vaccinations received on October 26, 2016. See Petition at 1-2.

On May 23, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for an intussusception. On March 14, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation.

The undersigned intends to post this decision on the United States Court of Federal Claims' website.

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website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).

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).

Stipulation at ¶ 8-9. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: a. A lump sum of $1,897.56 representing reimbursement for past unreimbursable expenses, in the form of a check payable to petitioners; and b. A lump sum of $55,000.00 in the form of a check payable to petitioners as guardians/conservators of M.W.'s estate, representing compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).

No payment shall be made until petitioners provide respondent with documentation establishing that they have been appointed as guardians/conservators of M.W.'s estate.

Stipulation at ¶ 9.

The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

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.