# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: April 21, 2021

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

MARK A. JAKUBOWSKI, *

* 

### Unpublished

*

*



### Petitioner, * 

### No. 19

- 291V

*

v. * 

### Special Master Gowen

*

SECRETARY OF HEALTH * 

### Stipulation for Award;

AND HUMAN SERVICES, * Pneumococcal conju gate;

* 

### Vas ovagal syncope.

Respondent. *

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



### William B. Hicky

, William B. Hicky, Attorney at Law, Nashville, TN, for petitioner.

Ryan D. Pyles

, U.S. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1



### On February 25, 2019

, Mark A. Jakubo wski (“petitioner”) filed a petition for

compensation in the National Vaccine Injury Compensation Program. 2 

### Petition (ECF No. 1).

Petitioner receive d a pneumococcal conju gate vaccine on March 16, 2017. Petition at ¶ 1.

Petitioner alleges that the pneumococcal vaccine caused him vasovagal syncope within the Table

timeframe that directly resulted in a motor vehicle ac cident and that he experienced resid ual

effects of this injury for more than six months. Stipulation at ¶ 4 ( ECF No. 25).

On April 21, 2021, respondent filed a stipulation providing that a decision should be

entered awarding compensation to petitioner. S ti pulation. Respondent denies that petitioner

sustained a Table vas ovagal syncope within the timeframe set forth in th e Table; and deni es that

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of

Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion

is posted on the Court’s website, each party has 14 days to file a motion requ esting 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). An objecting party must provide the Court with a proposed

redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion w ill

be posted on the Court’s website without any changes. Id.

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)

(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of

the Act.2



### the p neumococcal immunization caused vasovagal syncope and/or an y other injury. Id. at ¶ 6.

While maintaining their respective positions, the parties nevertheless now agree that a decisio n

should be entered awarding the compensation described in paragraph 8 of the stipulation, which

is attached hereto as Appendix A. Id. at ¶ 7.

The stipulation awards a lump sum of $ 100 ,000.00 in the form of a check payable to

petitioner. This amount re presents compensation for all damages that would be

available under 42 U.S.C. § 300aa

- 15(a) for all injuries allegedly related to petitioner’s

receipt of the pneumococcal vaccine.

I adopt the stipulation as the decision of the Court and hereby award compensation in the

amoun t and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER

JUDGMENT in accordance with the terms of the parties’ stipulation. 3



### IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Va ccine Rule

11(a).