VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00923
Package ID: USCOURTS-cofc-1_16-vv-00923
Petitioner: C.N.
Filed: 2016-10-15
Decided: 2018-11-09
Vaccine: hepatitis A, MMR, varicella
Vaccination date: 2014-01-15
Condition: oculomotor nerve palsy of the right eye
Outcome: compensated
Award amount USD: 169406

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00923-0
Date issued/filed: 2018-11-09
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/15/2018) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:16-vv-00923-UNJ Document 44 Filed 11/09/18 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-923V
Filed: October 15, 2018
* * * * * * * * * * * * *
STEPHANIE NWALA and *
EMMANUEL NWALA, as parents and * UNPUBLISHED
natural guardians of C.N., a minor, *
*
Petitioner, * Decision on Joint Stipulation;
* Oculomotor Nerve Palsy;
v. * Hepatitis A (“Hep A”), Measles
* Mumps Rubella (“MMR”),
* and Varicella Vaccines.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Diana Stadelnikas, Esq., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Gabrielle Fielding, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On August 2, 2016, Stephanie and Emmanuel Nwala [“petitioners”] filed a petition for
compensation under the National Vaccine Injury Compensation Program, as parents and natural
guardians of their minor son, C.N.2 Petitioners allege that C.N. developed oculomotor never palsy
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen 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). Otherwise, the whole Decision will be available to the public. Id.
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).
1

Case 1:16-vv-00923-UNJ Document 44 Filed 11/09/18 Page 2 of 9
of the right eye after receiving the hepatitis A, measles mumps rubella (“MMR”), and varicella
vaccinations on January 15, 2014. Stipulation, filed October 15, 2018, at ¶¶ 1-4. Respondent denies
that any of the aforementioned immunizations caused C.N.’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On October 15, 2018, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A. A lump sum of $3,000.00 in the form of a check payable to petitioners,
Stephanie Nwala and Emmanuel Nwala. This amount represents compensation
for past unreimbursable expenses.
B. An amount sufficient to purchase the annuity contract described in ¶ 10 of the
Stipulation, paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”). The Secretary of Health and Human
Services agrees to purchase an annuity contract from the Life Insurance Company
for the benefit of C.N., pursuant to which the Life Insurance Company will agree
to make three certain lump sum payments to C.N. for all other damages that
would be available under 42 U.S.C. §300aa-15(a), as follows:
a. $49,418.83 payable in a certain lump sum on December 15, 2030,
b. $55,226.40 payable in a certain lump sum on December 15, 2033,
c. $61,461.02 payable in a certain lump sum on December 15, 2036.
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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