UNPUBLISHED

DECISION ON JOINT STIPULATION1

NORA BETH DORSEY, Chief Special Master.

On March 13, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.,2 [the "Vaccine Act"]. Petitioner alleges that he suffered brachial plexus neuropathy causedin-fact by his October 15, 2012 Hepatitis B vaccination. Petition at 1; Stipulation, filed 12/29/2015, ¶ 1-4. Petitioner further alleges that he experienced the residual effects of the injury for more than six months and that there has been no prior award or settlement of a civil action for damages as a result of his condition. Petition at 3; Stipulation ¶¶ 4-5. "Respondent denies that petitioner's brachial plexus neuropathy and its residual effects were caused-in-fact by the hepatitis B vaccine. Respondent further denies that the hepatitis vaccine caused petitioner any other injury or his current condition. " Stipulation, ¶ 6.

Nevertheless, on December 29, 2015, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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 stipulated that petitioner shall receive the following compensation:

The Vaccine Act Permits an award of reasonable fees and costs. 42 U.S.C. § 300aa-15(e). I find the proposed amount of $6,590.00 to be reasonable. In compliance with General Order #9, petitioner states that no out-of-pocket expenses were incurred by petitioner in proceeding on the petition.

The undersigned approves the requested amount for petitioner's compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

STIPULATION

The parties hereby stipulate to the following matters:

1. Petitioner Robert Richie ("petitioner") filed a petition For vaccine compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a hepatitis B vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"). 42 C.F.R. § 100.3 (a).

2. Petitioner received his hepatitis 13 immunisation on October 15, 2012.

3. The vaccine was administered within the United States.

4. Petitioner alleges that he sustained a vaccine-related injury diagnosed as brachial plexus neuropathy that was caused-in-fact by the hepatitis 13 vaccine. He limiter alleges that he experienced the residual effects of this injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition.

6. Respondent denies that petitioner's brachial plexus neuropathy and its residual effects were caused-in-fact by the hepatitis 13 vaccine. Respondent further denies that the hepatitis B vaccine caused petitioner any other injury or his current condition.

7. Maintaining their above-stated positions the parties nevertheless now agree that the issues between them shall he settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payments:

9. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services fir which the Program is riot primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs insurance policies, Federal or State health benefits programs (other than Title XIX (lithe Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.

10. Payment made pursuant to paragraph 8 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.

11. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreimbursable expenses. the money provided pursuant to this Stipulation will be used solely fir the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d). and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).

12. In return for the payments described in paragraph 8, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators successors or assigns does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and I lumen Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could he timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted horn, the hepatitis B vaccination administered on October 15, 2012, as alleged by petitioner in his petition for vaccine compensation filed on March 13, 2015, in the United States Court of' Federal Claims as petition No. 15-258V.

13. If petitioner should die prior to entry of judgment, this agreement shall he voidable upon proper notice to the Court on behalf of either or both of the parties.

14. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.

15. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and limiter, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement.

16. "[his Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the hepatitis B vaccination caused petitioner to suffer brachial plexus neuropathy or any other injury.

17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.