VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00613
Package ID: USCOURTS-cofc-1_20-vv-00613
Petitioner: Rachel Zale
Filed: 2020-05-15
Decided: 2023-04-06
Vaccine: meningococcal conjugate vaccine
Vaccination date: 2018-06-12
Condition: anterior uveitis
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Rachel Zale filed a petition on May 15, 2020, alleging that she suffered anterior uveitis as a result of a meningococcal conjugate vaccine (MCV) she received on June 12, 2018. The MCV is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's anterior uveitis and any alleged residual effects or other injury. Despite maintaining their respective positions, the parties agreed to settle the issues between them. On April 6, 2023, they filed a stipulation recommending an award of compensation to Petitioner. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $125,000.00, payable to Rachel Zale, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was based on this stipulation, avoiding a contested hearing on causation. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, P.A., and the respondent was represented by Voris Edward Johnson of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Petitioner Rachel Zale alleged that she suffered anterior uveitis, an injury listed on the Vaccine Injury Table, as a result of receiving a meningococcal conjugate vaccine (MCV) on June 12, 2018. The respondent denied causation. The parties reached a stipulation for compensation, agreeing to settle the case. Special Master Nora Beth Dorsey approved the stipulation, finding it reasonable. Petitioner was awarded $125,000.00 as a lump sum. The public text does not detail the specific mechanism of causation, expert testimony, or the clinical progression of the injury. The case was resolved by stipulation, with the respondent not admitting that the MCV caused the injury. Petitioner was represented by Diana Lynn Stadelnikas, and the respondent by Voris Edward Johnson. The decision was issued on April 6, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00613-0
Date issued/filed: 2023-05-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/6/2023) regarding 75 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:20-vv-00613-UNJ Document 78 Filed 05/01/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 6, 2023
* * * * * * * * * * * * * * * * * * *
RACHEL ZALE, * UNPUBLISHED
*
Petitioner, * No. 20-613V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Meningococcal Conjugate Vaccine
* (“MCV”); Anterior Uveitis.
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
Diana Lynn Stadelnikas, Maglio Christopher & Toale, P.A., Sarasota, FL, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On May 15, 2020, Rachel Zale (“Petitioner”) filed a petition in the National Vaccine
Injury Program2 alleging that she suffered anterior uveitis as a result of a meningococcal
conjugate vaccine (“MCV”) she received on June 12, 2018. Petition at 1, 3 (ECF No. 1).
On April 6, 2023, the parties filed a stipulation recommending an award of compensation
to Petitioner. Stipulation (ECF No. 74). Respondent denies that the MCV caused Petitioner’s
anterior uveitis and alleged residual effect, or any other injury. Nevertheless, the parties agree to
the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will
be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),
Petitioner has 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
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-10 to -34 (2012) (“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.
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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:
(1) A lump sum of $125,000.00 in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
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.
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Case 1:20-vv-00613-UNJ Document 78 Filed 05/01/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
RACHEL ZALE, )
)
Petitioner, )
) No. 20-613V (ECF)
v. ) Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Rachel Zale (“petitioner”) filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly sustained following
petitioner’s receipt of a meningococcal conjugate vaccine (“MCV”), which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a).
2. Petitioner received the MCV on June 12, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she subsequently suffered the injury anterior uveitis, which
petitioner alleges was caused-in-fact by the MCV. Petitioner further alleges that she experienced
the residual effects of her injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of her condition.
6. Respondent denies that the MCV caused petitioner’s anterior uveitis and alleged

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residual effects, or any other injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $125,000.00 in the form of a check payable to petitioner,
Rachel Zale, which amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act, 42 U.S.C. § 1396
et seq.), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
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to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner, as
contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the Secretary of
Health and Human Services and the United States of America from any and all actions or causes
of action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to, or death of,
petitioner resulting from, or alleged to have resulted from, the MCV administered on June 12,
2018, as alleged by petitioner in a petition for vaccine compensation filed on or about May 15,
2020, in the United States Court of Federal Claims as petition No. 20-613V.
14. If petitioner should die prior to entry of judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties’
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settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Vaccine Injury Act of 1986, as amended, except as
otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States of
America or the Secretary of Health and Human Services that petitioner’s anterior uveitis and
residual effects, or any other injury, were caused by the MCV.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, successors and/or assigns.
END OF STIPULATION
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