Cassandra S. Mularczyk, as Parent and Legal Representative of Her Minor Daughter, Megan M. Mularczyk

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-851V Filed: October 24, 2013 Not for Publication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. * * ************************************* 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.

Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub.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.

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

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.