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* Unpublished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 conjugate; 

* Vasovagal 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 STIPULATION1

On February 25, 2019, Mark A. Jakubowski (“petitioner”) filed a petition for 

compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). 

Petitioner received a pneumococcal conjugate 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 accident and that he experienced residual 

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. Stipulation. Respondent denies that petitioner 

sustained a Table vasovagal syncope within the timeframe set forth in the Table; and denies that 

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because 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 requesting 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 will 

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 pneumococcal immunization caused vasovagal syncope and/or any other injury. Id. at ¶ 6. 

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

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 represents 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 

amount 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. Vaccine Rule 

11(a).