1 

# 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* * * * * * * * * * * * * * * * UNPUBLISHED STACEY and RENEE WYLER, legal * representatives of a mi nor child, * MORGAN ALEXANDRA WYLER, * * Special Master Dorsey Petitioners, * * Joint Stipulation on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; advers e 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.

DECISION 1

On November 20, 2009, Stacey and Renee Wyler (p etitioners), legal re presentatives 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 in jury as a result of her receipt of the DiphtheriaTetanus-acellular Pertussis (“DTaP”), Measle s-Mumps-Rubella (“MMR”), and oral Polio (“OPV”) vaccines, which she received on or about August 21, 2006. Petitioners allege that

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post th is 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 priv ileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would const itute a clearly unwarra nted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Prog ram is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 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.2 Morgan experienced the residua l effects of this injury fo r more than six months.

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

Respondent denies that the vaccines cause d Morgan an adverse reaction, any other condition, or her current disabilitie s. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reas onable and adopts it as the decision of the Court in awarding da mages, 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 th e 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 th e stipulation.

In the absence of a motion for review file d 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

3 Pursuant to Vaccine Rule 11(a) , entry of judgment is expedite d by the parties’ joint filing of notice renouncing the ri ght to seek review.