1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 0

- 487 V

Filed: M arch 21 , 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

A MANDA FOSTER

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation on Damages;

v. * H epatitis B (“ Hep B ”) Vaccine;

* E ncephalopathy; D ystonia

. SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

R obert J. Krakow

, L aw Office of Robert J. Krakow, P.C.

, N ew York, NY

, for petitioner

. J ustine E. Walters

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON JOINT STIPULATION 1

On J uly 28, 2010

, A manda Foster (“ petitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (20 12 ). Petitioner alleged

that as a result of receiving Hepatitis B ( “ Hep B ” ) v accin ations on A ugust 3, 2007 and September

10, 2007

, she suffered e ncephalopathy, d ystonia, and other related symptoms

. Stipulation at ¶ 2,

4, filed M ar. 1 8 , 201 6

. Further, petitioner alleged that she experienced residual effects of her injury

for more than six months. P etition at ¶ 33, file d 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 (20 12 ) (Vaccine Act or the Act). All citatio ns in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

On M arch 18, 2016

, the parties filed a stipulatio n in which they state that a decision should

b e entered awarding compensation. Respondent denies that the H ep B vaccination s caused

petitioner’s e ncephalopathy, dystonia, or any other injury or her current condit ion

. S tipulation 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 stipula te that petitioner shall receive the following compensation:

1) A lump sum of $ 5 7

, 9 86.27

, in the form of a check payable to petitioner

, A manda

Foster ; and

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

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

DHHR/HMS Tort Recovery

P.O. Box 11073

Charleston, West Virginia 25339

File No.: 137667

P e titioner 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 amo unt s for petitioner ’s compensation.

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

T he 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.