Mazurek v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 10-493V

************************* YOLANDA MAZUREK, as Guardian Ad * Special Master Corcoran Litem for minor son, Q.M., *

* Petitioner, * Filed: November 4, 2016

* v. * Decision by Stipulation; Damages;

* Hepatitis B (“Hep B”); Haemophilus SECRETARY OF HEALTH * Influenzae type B (“HIB”); Diphtheria- AND HUMAN SERVICES, * Tetanus-acellular Pertussis (“DTaP”);

* IPV; Prevnar; Rotavirus; Seizure Activity; Respondent. * Expressive Language Disorder;

* Developmental Delay. ************************* Neal J. Fialkow, Neal Fialkow Esq., Pasadena, CA, for Petitioner.

Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On July 29, 2010, Yolanda Mazurek filed a petition on behalf of her minor child, Q.M., seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that Q.M. suffered from seizure activity, expressive language disorder, learning disabilities, and developmental delays as a result of his August 21, 2007, receipt of the Hepatitis B (“Hep B”), Haemophilus Influenzae type B (“HIB”), Diphtheria-Tetanus- acellular Pertussis (“DTaP”), IPV, Prevnar, and Rotavirus vaccines. Moreover, Petitioner alleges that Q.M. experienced residual effects of these injuries for more than six months.

Respondent denies that the vaccines caused Q.M.’s alleged injuries, or any other injury or his current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on November 4, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:  A lump sum of $786,949.21, representing compensation for first year life care expenses

($26,470.80), partial lost future earnings ($566,115.30), and pain and suffering ($194,363.11), in the form of a check payable to Petitioner as guardian/conservator of the estate of Q.M. for the benefit of Q.M. No payments shall be made until Petitioner provides Respondent with documentation establishing that she has been appointed as the guardian/conservator of Q.M.’s estate;

 A lump sum of $4,500.00, representing compensation for past unreimbursable expenses, in the form of a check payable to Petitioner;  A lump sum of $24,983.28, representing reimbursement of a lien for services rendered on behalf of Q.M., in the form of a check payable jointly to Petitioner and

Department of Health Care Policy and Financing 1570 Grant Street Denver, CO 80203-1818 Attn: Ron Vialpando State I.D. No.: G761987 and;

 An amount sufficient to purchase the annuity contract described in Stipulation ¶ 9-10, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master