In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-851V

Filed: October 24, 2013

Not for Publication

*************************************

CASSANDRA S. MULARCZYK, *

as parent and legal representative of her *

minor daughter, MEGAN M. *

MULARCZYK, *

*

 Petitioner, * Damages decision based on stipulation;

 * DTaP; MMR; thrombocytopenic purpura

v. *

 *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 *

 Respondent. *

*

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Elizabeth M. Muldowney, Richmond, VA, for petitioner.

Julia W. McInerny, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On October 23, 2013, the parties filed the attached stipulation in which they agreed to settle 

this case and described the settlement terms. Petitioner alleges Megan suffered 

thrombocytopenic purpura that was caused by her January 27, 2010 receipt of

diphtheria-tetanus-acellular-pertussis (“DTaP”) and measles-mumps-rubella (“MMR”) vaccines. 

 

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made 

available to the public unless they contain trade secrets or commercial or financial information that is 

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly 

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and 

move to delete such information prior to the document=s disclosure. If the special master, upon review, 

agrees that the identified material fits within the banned categories listed above, the special master shall 

delete such material from public access.
2

Megan’s condition satisfied the definition of thrombocytopenic purpura included in the Table’s 

Qualifications and Aids to Interpretation (42 CFR 100.3(b)(8)), and its onset was within the time 

period set forth in the Table. Megan suffered the residual effects of her thrombocytopenic 

purpura for more than six months after her vaccinations. There is not a preponderance of the 

evidence demonstrating that Megan’s condition is due to a factor unrelated to her January 27, 2010 

DTaP and MMR immunizations. Accordingly, Megan is entitled to compensation under the 

terms of the Vaccine Program.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby 

adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and 

on the terms set forth therein. Pursuant to the stipulation, the court awards:

a. a lump sum of $5,947.47, representing reimbursement of the State of Michigan’s Medicaid 

lien. The award shall be in the form of a check for $5,947.47 made payable jointly to 

petitioner and 

First Recovery Group, LLC

ATTN: David Glenn

26899 Northwestern Hwy.

Suite 250

Southfield, MI 48033

Petitioner agrees to endorse this check to First Recovery Group, LLC; and

b. a lump sum of $80,000.00, representing compensation for all remaining damages that 

would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a 

check for $80,000.00 made payable to petitioner, as guardian and conservator of the estate 

of Megan M. Mularczyk.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the 

court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: October 24, 2013 s/ Laura D. Millman

 Laura D. Millman

 Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.