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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10-487V

Filed: March 21, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

AMANDA FOSTER, *

 * Special Master Gowen

Petitioner, *

 * Joint Stipulation on Damages;

v. * Hepatitis B (“Hep B”) Vaccine;

 * Encephalopathy; Dystonia.

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

Respondent. *

 *

* * * * * * * * * * * * * * * *

Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner.

Justine E. Walters, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On July 28, 2010, Amanda Foster (“petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.

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42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged 

that as a result of receiving Hepatitis B (“Hep B”) vaccinations on August 3, 2007 and September 

10, 2007, she suffered encephalopathy, dystonia, and other related symptoms. Stipulation at ¶ 2, 

4, filed Mar. 18, 2016. Further, petitioner alleged that she experienced residual effects of her injury 

for more than six months. Petition at ¶ 33, filed July 28, 2010. 

 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal 

Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 

18(b), each party has 14 days within which to request 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).

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-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
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On March 18, 2016, the parties filed a stipulation in which they state that a decision should 

be entered awarding compensation. Respondent denies that the Hep B vaccinations caused 

petitioner’s encephalopathy, dystonia, or any other injury or her current condition. Stipulation at 

¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The 

undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding 

damages, on the terms set forth therein.

The parties stipulate that petitioner shall receive the following compensation:

1) A lump sum of $57,986.27, in the form of a check payable to petitioner, Amanda 

Foster; and

2) A lump sum of $2,013.73, which amount represents reimbursement of a Medicaid 

lien, in the form of a check payable jointly to petitioner and

DHHR/HMS Tort Recovery

P.O. Box 11073

Charleston, West Virginia 25339

File No.: 137667

Petitioner agrees to endorse this check to DHHR/HMS Tort Recovery. 

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 

300aa-15(a).

The undersigned approves the requested amounts for petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

The clerk of the 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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.