In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * 

REBECCA WHITNEY and * 

RANDALL WHITNEY, parents of * No. 10-809V

S.W., a minor, * Special Master Moran 

 * 

 Petitioners, * Filed: December 1, 2015

 * 

v. * Stipulation; diphtheria- tetanus 

 * pertussis (“DTaP”); Haemophilus

 * influenzae type b (“Hib”); inactivated

SECRETARY OF HEALTH * polio (“IPV”); pneumococcal 

AND HUMAN SERVICES, * conjugate (“PCV”); rotavirus 

 * vaccines; acute disseminated

 Respondent. * encephalomyelitis (“ADEM”).

* * * * * * * * * * * * * * * * * * * * * 

Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., for Petitioners; 

Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On May 29, 2015, respondent filed a joint stipulation concerning the petition 

for compensation filed by Rebecca and Randall Whitney, on behalf on their minor 

child S.W., on November 22, 2010. The petitioners seek compensation for injuries

allegedly related to S.W.’s receipt of the diphtheria-tetanus-pertussis (“DTaP”) 

vaccine, Haemophilus influenzae type b (“Hib”), inactivated polio (“IPV”), 

pneumococcal conjugate (“PCV”), and rotavirus vaccines which are contained in 

the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he

received on March 20, 2012, causing him to suffer acute disseminated 

encephalomyelitis (“ADEM”). Petitioners further allege that S.W. suffered the 

residual effects of this injury for more than six months. Petitioners represent that 

1

 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. 

 
there has been no prior award or settlement of a civil action for damages on her 

behalf as a result of her condition. 

After a hearing, the undersigned determined that petitioners had failed to 

prove that the vaccines S.W. received caused his transverse myelitis. See decision, 

issued May 8, 2015, 2015 WL 4537210. On review, the Court vacated that 

decision and remanded the case for further proceedings. Opinion and Order, 122 

Fed. Cl. 297 (Fed. Cl. 2015). 

After remand, the respondent maintains that the vaccines did not cause

S.W.’s transverse myelitis or any other injury. 

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 of $150,000.00 in the form of a check payable to 

petitioners as guardian(s)/conservator(s) of the estate of S. W. No 

payments shall be made until petitioners provide respondent with 

documentation establishing that they have been appointed as the 

guardian(s)/ conservator(s) of S.W.’s estate. This amount represents 

compensation for all damages that would be available under 42 

U.S.C. § 300aa-15(a).

b. A lump sum payment of $10,971.12, which amount represents 

reimbursement of a lien for services rendered on behalf of S.W., in 

the form of a check payable jointly to petitioners and

State of Michigan

State of Michigan Estate Recovery Program

P.O. Box 30053

Lansing, MI 48909

Medicaid ID # 0038991786

Petitioners agree to endorse this check to the State of Michigan.

c. An amount sufficient to purchase the annuity contract described in 

paragraph 12 of the stipulation paid to the life insurance company 

from which the annuity will be purchased.

2 
In the absence of a motion for review filed pursuant to RCFC, Appendix B, 

the clerk is directed to enter judgment in case 10-809V according to this decision 

and the attached stipulation.2

 The Clerk’s Office is further instructed to provide 

this decision to the Court. Vaccine Rule 28.1(a). 

 

Any questions may be directed to my law clerk, Shannon Proctor, at (202) 

357-6360. 

 

IT IS SO ORDERED. 

 

 s/ Christian J. Moran

Christian J. Moran

 Special Master 

 

2 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.

3