# 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

*

Petitioner s, * 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 Petitioner s; Lara A

. Englund

, U nited States Dep’t of Justice, Washington, DC , for R espondent.

UNPUBLISHED DECISION 1

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 Nov ember 2 2 , 201 0

. The petitioner s seek compensation for injuries alleged ly 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 vacc ines which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he

received on March 20 , 201 2

, causing h im to suffer acute disseminated encephalomyelitis (“ADEM”)

. Petitioner s further allege that S .W. suffered the residual effects of this injury for more than six months. Petitioner s represent that

1 T he 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 h er condition

.

A fter 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 remand ed the case for further proceedings. Opinion and Order

, 122 Fed. Cl. 297 (Fed. Cl. 2015)

.

After remand, the r espondent maintains that the vaccine s did not cause S .W. ’s transverse myelitis or any other inj ury.

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 su m of $ 15 0 ,000.00 in the form of a check payable to petitioner s 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 $ 10,971.1 2 , which amount represents

reimbursement of a lien for services rendered on behalf of S.W. , in the form of a check payable jointly to petitioner s 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 1 2 of the stipulation paid to the life insurance company from which the annuity will be purchased.

2In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 10

- 809 V according to this decision and the attached stipulation. 2 The Clerk’s Office is further instructed to provide

this decisio n to the Court. Vaccine Rule 28.1(a).

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

357

- 63 60

.

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

par ty filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

3