C.N. v. HHS - MMR, oculomotor nerve palsy of the right eye (2018)
Case summary [AI summaries can sometimes make mistakes]
Stephanie and Emmanuel Nwala, as parents and natural guardians of their minor son C.N., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 15, 2016. They alleged that C.N. developed oculomotor nerve palsy of the right eye after receiving hepatitis A, measles mumps rubella (MMR), and varicella vaccinations on January 15, 2014.
The respondent denied that the immunizations caused C.N.'s injury. The parties reached a settlement.
Respondent agreed to issue a lump sum payment of $3,000.00 to Stephanie and Emmanuel Nwala for past unreimbursable expenses. Additionally, respondent agreed to purchase an annuity contract for C.N.'s benefit from a life insurance company.
This annuity would provide three lump sum payments totaling $164,106.25: $49,418.83 on December 15, 2030, $55,226.40 on December 15, 2033, and $61,461.02 on December 15, 2036, for all other damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly.
The decision was filed on November 9, 2018. Petitioner's counsel was Diana Stadelnikas, Esq.
Respondent's counsel was Gabrielle Fielding, Esq.
Theory of causation
Petitioners alleged that C.N. developed oculomotor nerve palsy of the right eye after receiving hepatitis A, measles mumps rubella (MMR), and varicella vaccines on January 15, 2014. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The award was $3,000.00 for past unreimbursable expenses and an annuity totaling $164,106.25 for all other damages, with payments on December 15, 2030, December 15, 2033, and December 15, 2036. Special Master Mindy Michaels Roth adopted the stipulation. The decision date was November 9, 2018. Petitioner's counsel was Diana Stadelnikas, Esq., and respondent's counsel was Gabrielle Fielding, Esq.
Source PDFs
USCOURTS-cofc-1_16-vv-00923