VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00851 Package ID: USCOURTS-cofc-1_12-vv-00851 Petitioner: Megan M. Mularczyk Filed: 2014-05-21 Decided: 2014-05-21 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 23175 AI-assisted case summary: On May 21, 2014, Cassandra Burgess, as the parent and legal representative of her minor daughter Megan M. Mularczyk, filed a petition. The specific vaccine administered and the resulting injury are not detailed in this decision, which addresses attorneys' fees and costs. The parties, petitioner and respondent (Secretary of Health and Human Services), reached a stipulation of fact regarding the appropriate amount for attorneys' fees and costs. Petitioner initially sought $350.00 in out-of-pocket costs and attorneys' fees and costs. Following informal discussions where respondent raised objections, petitioner amended her request to $23,175.10, comprising $22,825.10 for attorneys' fees and costs and $350.00 for petitioner's own costs. Respondent did not object to this revised amount. Special Master Laura D. Millman found the stipulated amount to be reasonable. The Special Master awarded $22,825.10 jointly to the petitioner and her attorneys, Rawls, McNelis and Mitchell, P.C., for attorneys' fees and costs. Additionally, $350.00 was awarded to petitioner for her out-of-pocket costs. Judgment was to be entered unless a motion for review was filed. The decision was issued by Special Master Laura D. Millman. Theory of causation field: The public text does not describe the theory of causation. The case involves a petition filed on behalf of Megan M. Mularczyk, a minor, by her parent and legal representative, Cassandra Burgess. The specific vaccine and alleged injury are not detailed. The decision focuses solely on attorneys' fees and costs, based on a stipulation of fact between the petitioner and the respondent (Secretary of Health and Human Services). Petitioner initially sought $350.00 for costs and fees. After respondent raised objections, petitioner amended the request to $23,175.10, consisting of $22,825.10 for attorneys' fees and costs and $350.00 for petitioner's costs. Respondent did not object to the revised amount. Special Master Laura D. Millman found the stipulated amount reasonable and awarded $22,825.10 jointly to the petitioner and Rawls, McNelis and Mitchell, P.C., and $350.00 to the petitioner for her costs. The decision date was May 21, 2014. Petitioner's counsel was Elizabeth M. Muldowney, and respondent's counsel was Julia W. McInerny. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00851-cl-extra-2642831 Date issued/filed: 2013-10-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2642831 -------------------------------------------------------------------------------- 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. 1 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 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. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00851-0 Date issued/filed: 2014-06-11 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/21/2014) regarding 28 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00851-UNJ Document 31 Filed 06/11/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-851V Filed: May 21, 2014 Not for Publication ************************************* CASSANDRA BURGESS, * as Parent and Legal Representative * of Her Minor Daughter, * MEGAN M. MULARCZYK, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact 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 ATTORNEYS’ FEES AND COSTS1 On May 21, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. 1 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 redact 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 redact such material from public access. Case 1:12-vv-00851-UNJ Document 31 Filed 06/11/14 Page 2 of 2 In accordance with the General Order #9 requirement, petitioner asserts that she advanced $350.00 in out-of-pocket costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to $23,175.10, consisting of $22,825.10 in attorneys’ fees and costs and $350.00 in petitioner’s costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $22,825.10, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Rawls, McNelis and Mitchell, P.C. in the amount of $22,825.10; and b. $350.00, representing reimbursement for petitioner’s out-of-pocket costs. The award shall be in the form of a check made payable to petitioner in the amount of $350.00. 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: May 21, 2014 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. 2