VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01663
Package ID: USCOURTS-cofc-1_17-vv-01663
Petitioner: M.W.
Filed: 2017-11-02
Decided: 2019-03-15
Vaccine: Rotarix; Prevnar 13; Hib; DTaP; hepatitis B; IPV
Vaccination date: 2016-10-26
Condition: Table intussusception following Rotarix/rotavirus vaccine
Outcome: compensated
Award amount USD: 56897.56

AI-assisted case summary:
On November 2, 2017, Wendi Walter and Phillip Walter filed a petition under the National Vaccine Injury Compensation Program on behalf of their minor child, M.W. They alleged that M.W. received Rotarix, Prevnar 13, Hib, DTaP, Hepatitis B, and IPV vaccines on October 26, 2016, and subsequently suffered intussusception. The case was assigned to the Special Processing Unit. The respondent reviewed the medical records and conceded entitlement in a Rule 4(c) report, concluding that M.W.'s claim met the Vaccine Injury Table criteria for intussusception occurring within one to twenty-one days after rotavirus vaccination. Specifically, M.W.'s intussusception manifested approximately five days after his first dose of rotavirus vaccine, and there was no preponderant evidence that the condition was due to an unrelated factor. The respondent also noted that the intussusception resulted in inpatient hospitalization and surgical intervention. On May 23, 2018, Chief Special Master Nora Beth Dorsey accepted the concession and found M.W. entitled to compensation. The public entitlement ruling does not state M.W.'s date of birth or exact age, describe the first symptoms, identify the surgical procedure, or summarize the hospital course beyond noting inpatient hospitalization and surgical intervention. Damages were later resolved by joint stipulation. On March 15, 2019, Chief Special Master Dorsey adopted the stipulation and awarded $56,897.56 in total compensation. This included $1,897.56 payable to the petitioners for past unreimbursable expenses and $55,000.00 payable to the petitioners as guardians or conservators of M.W.'s estate for all remaining Vaccine Act damages. Petitioners were represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA. Respondent was represented by Lynn Elizabeth Ricciardella and later by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Minor M.W. received Rotarix, Prevnar 13, Hib, DTaP, Hepatitis B, and IPV vaccines on October 26, 2016. Intussusception manifested approximately five days after the first dose of the rotavirus vaccine (Rotarix). Respondent conceded entitlement under the Vaccine Injury Table, finding the claim met criteria for intussusception occurring within one to twenty-one days after rotavirus vaccination, with no preponderant unrelated factor, and resulting in inpatient hospitalization and surgical intervention. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 23, 2018, accepting the concession. A joint stipulation on damages was filed on March 14, 2019, and adopted by Chief Special Master Dorsey on March 15, 2019. The award totaled $56,897.56: $1,897.56 for past unreimbursable expenses paid to petitioners, and $55,000.00 for all remaining damages paid to petitioners as guardians/conservators of M.W.'s estate. Petitioner's counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA. Respondent's counsel included Lynn Elizabeth Ricciardella and Colleen Clemons Hartley of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01663-0
Date issued/filed: 2018-09-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/23/2018) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01663-UNJ Document 30 Filed 09/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1663V
Filed: May 23, 2018
UNPUBLISHED
WENDI WALTER and PHILLIP
WALTER, on behalf of M.W., a minor Special Processing Unit (SPU);
child, Ruling on Entitlement; Concession;
Table Injury; Rotavirus Vaccine;
Intussusception
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 2, 2017, petitioners 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. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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).

Case 1:17-vv-01663-UNJ Document 30 Filed 09/05/18 Page 2 of 2
On May 21, 2018, respondent filed his Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, respondent
has reviewed the facts of this case and concluded that petitioners’ claim
meets the Table criteria for intussusception occurring within one to twenty-
one days after a rotavirus vaccination. 42 C.F.R. § 100.3(a)(XI).
Specifically, M.W.’s intussusception manifested approximately five days
after his receipt of the first dose of the rotavirus vaccine, and there is not
preponderant evidence that his condition was due to a factor unrelated to
the vaccine. See id.; 42 U.S.C. § 300aa-13(a). Moreover, as discussed
above, M.W.’s intussusception “resulted in inpatient hospitalization and
surgical intervention.” See 42 U.S.C. § 300aa-11(c)(1)(D)(iii). Therefore,
petitioners are entitled to a presumption of causation under the Vaccine
Act.
Id. at 4. Respondent further agrees that “[w]ith respect to other statutory and
jurisdictional issues, the records show that the case was timely filed and that the
vaccine was received in the United States. See 42 U.S.C. §§ 300aa-11(c). Petitioners
aver that no civil action or proceedings have been pursued in connection with M.W.’s
vaccine-related injury. Petition at 3.” Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01663-1
Date issued/filed: 2019-06-19
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/15/2019) regarding 39 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01663-UNJ Document 42 Filed 06/19/19 Page 1 of 8
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,,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Rotavirus
Petitioner,
Vaccine; Intussusception
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
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).

Case 1:17-vv-01663-UNJ Document 42 Filed 06/19/19 Page 2 of 8
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.
2

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