VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00471
Package ID: USCOURTS-cofc-1_05-vv-00471
Petitioner: N.S.
Filed: 2005-04-14
Decided: 2015-05-12
Vaccine: MMR; varicella
Vaccination date: 2002-04-09
Condition: seizure disorder resulting in global developmental delay
Outcome: compensated
Award amount USD: 550000

AI-assisted case summary:
On April 14, 2005, August Stefkovich filed a petition under the National Vaccine Injury Compensation Program on behalf of his minor child, N.S. The petition alleged that N.S. received a measles-mumps-rubella (MMR) vaccine and a varicella vaccine on April 9, 2002. Petitioner claimed that following these vaccinations, N.S. developed a seizure disorder that resulted in global developmental delay, and that N.S. experienced residual effects from this injury for more than six months. The public decision does not provide details regarding N.S.'s exact age at the time of vaccination, the specific onset date of symptoms, the clinical course of the alleged condition, or the treatment history. No expert causation analysis is described in the public damages decision. The case was resolved through a joint stipulation on damages, filed on May 11, 2015. In the stipulation, the respondent denied that N.S.'s seizure disorder, developmental delay, or any other injury was caused in fact by the MMR and varicella vaccinations, and also denied that her current disabilities were sequelae of the alleged injuries. Despite these denials, the parties agreed to resolve the case on the stipulated terms. Special Master Thomas L. Gowen reviewed and adopted the stipulation on May 12, 2015, finding the terms reasonable. A lump sum award of $550,000.00 was granted, payable to August Stefkovich as guardian or conservator of N.S.'s estate. This amount was stated to represent all damages available under the Vaccine Act. Judgment was ordered in accordance with the stipulation. The decision includes standard notice regarding the parties' right to request redaction of private medical information.

Theory of causation field:
Minor N.S. received MMR and varicella vaccines on April 9, 2002. Petitioner alleged these vaccines caused a seizure disorder resulting in global developmental delay, with residual effects lasting more than six months. The case was compensated via joint stipulation. Respondent denied causation-in-fact and sequelae. The public damages decision does not describe the clinical timeline, onset date, treatment course, or expert causation analysis. The award was a $550,000.00 lump sum, payable to August Stefkovich as guardian/conservator of N.S.'s estate, representing all Vaccine Act damages. Petition filed April 14, 2005; amended petition filed June 17, 2013; stipulation filed May 11, 2015; Special Master Thomas L. Gowen decision issued May 12, 2015. Petitioner's counsel: Sylvia Chin-Caplan and Ronald C. Homer of Conway Homer & Chin-Caplain, P.C. Respondent's counsel: Heather Pearlman of the United States Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_05-vv-00471-0
Date issued/filed: 2015-06-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/12/2015) regarding 59 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:05-vv-00471-UNJ Document 63 Filed 06/05/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 05-471V
Filed: May 12, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
AUGUST STEFKOVICH, parent of N.S., *
a minor, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * MMR Vaccine; Varicella Vaccine;
* Seizure Disorder; Developmental
SECRETARY OF HEALTH * Delay.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Sylvia Chin-Caplan and Ronald C. Homer, Conway, Homer, & Chin-Caplain, P.C., Boston, MA,
for petitioner.
Heather Pearlman, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On April 14, 2005, August Stefkovich (“petitioner”) filed a petition on behalf of his minor
child, N.S., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-
1 to -34 (2006). Petitioner alleged that as a result of N.S. receiving a measles-mumps-rubella
(“MMR”) vaccine and a varicella vaccine on April 9, 2002, N.S. developed a seizure disorder that
resulted in global developmental delay. Amended Petition at Intro., filed Jun. 17, 2013. Further,
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat.
2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule
18(b), each party has 14 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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:05-vv-00471-UNJ Document 63 Filed 06/05/15 Page 2 of 8
petitioner alleged that N.S. experienced residual effects of her injury for more than six months. Id.
at ¶ 28.
On May 11, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that N.S.’s seizure disorder, developmental
delay, or any other injury was caused-in-fact by her MMR and varicella vaccinations. Stipulation
at ¶ 6. Respondent also denies that her current disabilities are sequelae of her alleged injuries. Id.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $550,000.00, in the form of a check payable to petitioner, August
Stefkovich, as guardian/conservator of N.S.’s estate. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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