Nwala v. Secretary of Health and Human Services

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No. 16-923V Filed: October 15, 2018 * * * * * * * * * * * * * STEPHANIE NWALA and * EMMANUEL NWALA, as parents and * UNPUBLISHED natural guardians of C.N., a minor, * * Petitioner, * Decision on Joint Stipulation; * Oculomotor Nerve Palsy; v. * Hepatitis A (“Hep A”), Measles * Mumps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Petitioners allege that C.N. developed oculomotor never palsy Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub.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. 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).

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

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.