J.C. v. HHS - DTaP, facial nerve palsy (2022)
Case summary [AI summaries can sometimes make mistakes]
Katherine and Joseph Ciccarelli filed a petition on February 15, 2019, on behalf of their minor son, J.C., alleging that he developed facial nerve palsy after receiving DTaP and Rotavirus vaccines on April 10, 2018. The respondent denied that the immunizations caused the alleged injury.
The parties reached a joint stipulation to settle the case, which the court adopted. The settlement awarded $65,000.00 as compensation for all damages, to be paid as a lump sum to a life insurance company for the purchase of an annuity contract.
The decision was issued by Special Master Mindy Michaels Roth on November 2, 2022. Petitioner counsel was Anne Toale, Esq., and respondent counsel was Kyle Pozza, Esq.
The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert testimony.
Theory of causation
Petitioners alleged that J.C. developed facial nerve palsy after receiving DTaP and Rotavirus vaccines on April 10, 2018. Respondent denied causation. The parties reached a joint stipulation to settle the case, resulting in an award of $65,000.00, paid as a lump sum to a life insurance company for an annuity contract. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The case was decided by Special Master Mindy Michaels Roth on November 2, 2022, based on a stipulation filed October 7, 2022. Petitioner counsel was Anne Toale, Esq., and respondent counsel was Kyle Pozza, Esq.
Source PDFs
USCOURTS-cofc-1_19-vv-00261