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UNPUBLISHED 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 JOINT STIPULATION1

Dorsey, Chief Special Master: 

 On November 2, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation 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 was issued, finding petitioner entitled to 

compensation for an intussusception. On March 14, 2019, the parties filed the attached 

joint stipulation, stating that a decision should be entered awarding 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 unwarranted invasion of privacy. If, upon review, the 

undersigned agrees that the identified material fits within 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 Because this unpublished decision contains a reasoned explanation for the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2

Stipulation at ¶ 8-9. The undersigned finds the stipulation reasonable and adopts it as 

the decision of the Court in awarding damages, 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 estate, representing compensation for all 

remaining damages that would be available under 42 U.S.C. § 300aa-15(a). 

No payment shall be made until petitioners 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 enter 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 can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.