# 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UNPUBLISHED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,,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Rotavirus Vaccine; Intussusception

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 J OINT STIPULATION 1

Dorsey , Chief Special Master:

On November 2, 2017, pet itioner filed a petition for compensation under the National Vaccine Injury Compensat ion 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 wa s issued, finding petitioner entitled to compensation for an intussusception. On Ma rch 14, 2019, the parties filed the attached joint stipulation, stating that a decisi on should be entered awar ding compensation.

1 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 unwar ranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits wi thin 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 Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims'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).

2 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Stipulation at ¶ 8-9. The undersigned finds the stipulat ion reasonable and adopts it as the decision of the Court in awarding dam ages, 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 estat e, representing compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). No payment shall be made until pe titioners 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 ent er judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.