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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-557V 

(not to be published) 

 

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ASHLEY WALLS AND KEVIN WALLS, 

parents of K.W., a minor 

 Petitioners, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

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Filed: March 16, 2022 

Decision by Stipulation; Damages; 

Immune Thrombocytopenia Purpura 

(“ITP”); Diphtheria-Tetanus-acellularPertussis (“DTaP”) vaccine; Haemophiles 

Influenzae (“Hib”) vaccine; Hepatitis B 

(“Hep B”) vaccine; pneumococcal 

(“PCV”) vaccine 

Ronald C. Homer, Conway, Homer, P.C., Boston Ma, for Petitioner 

Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for Respondent 

DECISION ON JOINT STIPULATION1

On May 9, 2016, Kevin and Ashley Walls (“Petitioners”) filed a petition on behalf of their 

minor son, K.W., seeking compensation under the National Vaccine Injury Compensation Program 

(“the Vaccine Program”).2 Pet., ECF No. 1. Petitioners alleged that K.W. suffered from immune 

thrombocytopenia purpura (“ITP”) as a result of the Diphtheria-Tetanus-acellular-Pertussis 

(“DTaP”), haemophiles influenzae (“Hib”), Hepatitis B (“Hep B”), and/or the pneumococcal 

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted 

on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 

3501 (2012). This means the Decision will be available to anyone with access to the internet. As 

provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of 

certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 

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). Otherwise, the Decision in its present form will be available. Id.

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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. 

No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter 

“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the 

pertinent subparagraph of 42 U.S.C. § 300aa. 
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(“PCV”) vaccines he received on July 16, 2014. See Stipulation ¶ 1, 2, dated March 15, 2022 (ECF 

No. 103); see also Petition. 

On June 23, 2020, I issued a Ruling on Entitlement finding that Petitioners have met their 

burden in showing that the vaccinations K.W. received on July 16, 2014 caused him to develop 

ITP, and that he suffered from the residual effects of this injury for more than six months. See

Stipulation ¶ 1, 2. Accordingly, the parties agree that “Petitioners are entitled to compensation 

under the terms of the Vaccine Program for K.W.’s ITP injury.” Id. at ¶ 5. 

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation 

is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth 

therein. 

The stipulation awards: 

1. A lump sum of $3,719.10, which amount represents compensation for past 

unreimbursable expenses, in the form of a check payable to Petitioners; and 

2. An amount sufficient to purchase the annuity contract described in ¶ 10 of the 

Stipulation. 

Accordingly, pursuant to 42 U.S.C. § 300aa-15(f)(4), I order respondent to purchase, and 

take sole and exclusive ownership of an annuity contract,3

 as described below: 

The Life Insurance Company must meet the following criteria: 

1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory 

security valuation reserve; and 

2. have one of the following ratings from two of the following rating organizations: 

a) A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; 

b) Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; 

c) Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA, 

AA+, or AAA; 

d) Fitch Credit Rating Company, Insurance Company Claims-Paying Ability Rating: 

AA-, AA, AA+, or AAA. 

The parties have agreed that the Life Insurance Company will make the following payment 

to K.W.: 

a. On March 29, 2031, a certain lump sum payment of $40,772.11. 

Stip. ¶ 10. The parties have also stipulated that the periodic payments set forth above may be 

provided to Petitioner in monthly, quarterly, annual, or other installments. The annual amounts set 

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 To satisfy the conditions set forth herein, in respondent’s discretion, respondent may purchase one or more 

annuity contracts from one or more life insurance companies. 
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forth above describe only the total yearly sum to be paid to Petitioners and do not require that the 

payment be made in one annual installment. Id. 

 Should K.W. predecease the payment of the certain lump sum set forth above, the certain 

lump sum payment shall be made to his estate. Stip. ¶ 10. Written notice shall be provided to the 

Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days 

of Tawnya Montano’s death. Id.

 Petitioners represent that they presently are, or if necessary, will become, duly authorized 

to serve as guardians of K.W.’s estate under the laws of West Virginia. Stip. ¶ 16. The parties and 

their attorneys further agree and stipulate that, except for any award for attorneys’ fees and 

litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation 

will be used solely for the benefit of K.W. as contemplated by a strict construction of 42 U.S.C. § 

300aa-15(a) and (d) and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). Stip. ¶ 15. 

This award represents compensation for all damages that would be available under 42 

U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amounts set forth above 

to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix 

B, the Clerk of the Court is directed to enter judgment herewith.4

IT IS SO ORDERED. 

 s/ Katherine E. Oler 

 Katherine E. Oler 

 Special Master 

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 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice 

renouncing their right to seek review.