VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00291 Package ID: USCOURTS-cofc-1_19-vv-00291 Petitioner: Mark A. Jakubowski Filed: 2019-02-25 Decided: 2021-04-21 Vaccine: pneumococcal conjugate Vaccination date: 2017-03-16 Condition: vasovagal syncope Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Mark A. Jakubowski filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2019, alleging that a pneumococcal conjugate vaccine he received on March 16, 2017, caused him to experience vasovagal syncope. He claimed this syncope led to a motor vehicle accident and resulted in residual effects lasting over six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused a Table injury or any other injury, but the parties entered into a stipulation for an award. While maintaining their respective legal positions, they agreed that a decision should be entered awarding compensation. The stipulation provided for a lump sum payment of $100,000.00 to Mr. Jakubowski, representing compensation for all alleged injuries related to the pneumococcal vaccine. The Special Master adopted the stipulation, awarding the compensation and ordering judgment to be entered accordingly. The case was resolved via stipulation, with the respondent denying Table injury but agreeing to compensation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00291-0 Date issued/filed: 2021-05-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/21/2021) regarding 26 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00291-UNJ Document 33 Filed 05/17/21 Page 1 of 7 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of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 21, 2021 * * * * * * * * * * * * * MARK A. JAKUBOWSKI, * * Unpublished * * Petitioner, * No. 19-291V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; AND HUMAN SERVICES, * Pneumococcal conjugate; *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. Case 1:19-vv-00291-UNJ Document 33 Filed 05/17/21 Page 2 of 7 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). 2 Case 1:19-vv-00291-UNJ Document 33 Filed 05/17/21 Page 3 of 7 Case 1:19-vv-00291-UNJ Document 33 Filed 05/17/21 Page 4 of 7 Case 1:19-vv-00291-UNJ Document 33 Filed 05/17/21 Page 5 of 7 Case 1:19-vv-00291-UNJ Document 33 Filed 05/17/21 Page 6 of 7 Case 1:19-vv-00291-UNJ Document 33 Filed 05/17/21 Page 7 of 7