VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00261
Package ID: USCOURTS-cofc-1_19-vv-00261
Petitioner: J.C.
Filed: 2019-02-15
Decided: 2022-11-02
Vaccine: DTaP
Vaccination date: 2018-04-10
Condition: facial nerve palsy
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00261-0
Date issued/filed: 2022-11-02
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/7/2022) regarding 54 DECISION - Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:19-vv-00261-UNJ Document 55 Filed 11/02/22 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-261V
Filed: October 7, 2022
* * * * * * * * * * * * *
KATHERINE CICCARELLI and *
JOSEPH CICCARELLI, *
on behalf of J.C., a minor child, *
* UNPUBLISHED
Petitioner, * Decision on Joint Stipulation;
* Facial Nerve Palsy;
* Diphtheria, Tetanus, and
v. * Acellular Pertussis (“DTaP”)
* and/or Rotavirus Vaccines.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Anne Toale Esq., Maglio Christopher and Toale, Sarasota, Florida, for petitioner.
Kyle Pozza, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On February 15, 2019, Katherine and Joseph Ciccarelli [“Mrs. and Mr. Ciccarelli or
“petitioners”] filed a petition for compensation under the National Vaccine Injury Compensation
Program2 on behalf of their minor son. Petitioners allege that their son developed facial nerve 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 1:19-vv-00261-UNJ Document 55 Filed 11/02/22 Page 2 of 9
after receiving DTaP and Rotavirus vaccines on April 10, 2018. Stipulation, filed October 7, 2022,
at ¶¶ 1-4. Respondent denies that either of the aforementioned immunizations caused petitioners’
son’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On October 7, 2022, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $65,000.00 in the form of a check payable to the life insurance
company from which the annuity contract described in paragraph 10 of the
stipulation agreement will be purchased. Stipulation at ¶ 10. This amount represents
compensation for all damages that would be available under § 300aa-15(a).
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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