# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 851 V

Filed: October 24, 2013

Not for P ublication

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

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, V A, for petitioner

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

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On October 2 3 , 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 w as caused by her January 27, 2010 receipt of

d iphtheria

- tetanus

- acellular

- pertussis ( “ DTaP ” ) and measles

- mumps

- rubella ( “ MMR ” ) vaccine s

.

1 Because this unpublished decision contains a reasoned exp lanation for the special master' s action in this

case, the special maste r intends to post this unpublished decision on the United States Court of Federal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 satisfie d the definition of thrombocytopenic purpura included in the Table ’ s

Q u alifications and Aids to Interpretation (42 CFR 100.3(b)(8)) , and its ons et 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

. T here is not a preponderance of the

evi dence demonstrating t hat Megan ’ s condition is due to a factor unrela ted to her January 27, 2010

DTa P 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

F i rst Recovery Group, LLC

ATTN: Da vid Glenn

26899 Northwestern Hwy.

Suite 250

Southfield, MI 48033

Petitioner agrees to endorse this check to F irst Recov ery 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.