VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00007
Package ID: USCOURTS-cofc-1_13-vv-00007
Petitioner: Catherine Callahan
Filed: 2015-07-16
Decided: 2015-09-09
Vaccine: Hepatitis B
Vaccination date: 2010-01-07
Condition: fatigue, arthritis, and rheumatoid arthritis
Outcome: compensated
Award amount USD: 56774

AI-assisted case summary:
Catherine Callahan filed a petition on July 16, 2015, alleging that a Hepatitis B vaccination administered on January 7, 2010, caused her to suffer from fatigue, arthritis, and rheumatoid arthritis. Respondent denied that the vaccination caused Petitioner's alleged injuries but agreed to a joint stipulation for compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $32,089.92 for all damages, plus an additional $2,910.08 to satisfy a Medicaid lien, totaling $34,999.90. Separately, the parties stipulated to an award of $24,684.82 for attorneys' fees and costs, which the Special Master also approved. The total compensation awarded to Catherine Callahan was $56,774.82. The case was resolved by stipulation. Petitioner was represented by Howard Scott Gold of Gold Law Firm, LLC, and Respondent was represented by Althea Walker Davis of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific medical examinations, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Catherine Callahan alleged that a Hepatitis B vaccination administered on January 7, 2010, caused her to suffer from fatigue, arthritis, and rheumatoid arthritis. Respondent denied causation. The parties filed a joint stipulation agreeing to an award of compensation. The Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the alleged injuries. Petitioner was awarded a total of $56,774.82, which included $34,999.90 for damages and a Medicaid lien, and $24,684.82 for attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman issued the decision on September 9, 2015. Petitioner was represented by Howard Scott Gold, and Respondent by Althea Walker Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00007-0
Date issued/filed: 2015-08-10
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 7/16/2015) regarding 37 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00007-UNJ Document 42 Filed 08/10/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-7V
Filed: July 16, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
CATHERINE CALLAHAN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Hepatitis B (“Hep B”) Vaccine;
* Arthritis; Fatigue; Rheumatoid
SECRETARY OF HEALTH * Arthritis.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Althea Walker Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 4, 2013, Catherine Callahan (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that a Hepatitis B (“Hep B”) vaccination administered on January 7, 2010
caused her to suffer from fatigue, arthritis, and rheumatoid arthritis.
On July 15, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that Petitioner suffered fatigue, arthritis,
rheumatoid arthritis or any other injury that was caused by her Hep B vaccination. Nevertheless,
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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.
1

Case 1:13-vv-00007-UNJ Document 42 Filed 08/10/15 Page 2 of 8
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:
A lump sum of $32,089.92 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); and
A lump sum payment of $2,910.08, representing compensation for
satisfaction of the State of Massachusetts Medicaid lien, in the form of a
check payable jointly to Petitioner and
Commonwealth of Massachusetts – CRU
Commonwealth of Massachusetts
Casualty Recovery
P.O. Box 417811
Boston, MA 02241-7811
Attn: Kathryn Krumsiek
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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.
2

CCaassee 11::1133--vvvv--0000000077--UUNNJJ DDooccuummeenntt 3462 FFiilleedd 0078//1150//1155 PPaaggee 13 ooff 68

CCaassee 11::1133--vvvv--0000000077--UUNNJJ DDooccuummeenntt 3462 FFiilleedd 0078//1150//1155 PPaaggee 24 ooff 68

CCaassee 11::1133--vvvv--0000000077--UUNNJJ DDooccuummeenntt 3462 FFiilleedd 0078//1150//1155 PPaaggee 35 ooff 68

CCaassee 11::1133--vvvv--0000000077--UUNNJJ DDooccuummeenntt 3462 FFiilleedd 0078//1150//1155 PPaaggee 46 ooff 68

CCaassee 11::1133--vvvv--0000000077--UUNNJJ DDooccuummeenntt 3462 FFiilleedd 0078//1150//1155 PPaaggee 57 ooff 68

CCaassee 11::1133--vvvv--0000000077--UUNNJJ DDooccuummeenntt 3462 FFiilleedd 0078//1150//1155 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00007-1
Date issued/filed: 2015-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/17/2015) regarding 44 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00007-UNJ Document 48 Filed 09/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-7V
Filed: August 17, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
CATHERINE CALLAHAN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Althea Walker Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 4, 2013, Catherine Callahan (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that a Hepatitis B (“Hep B”) vaccination administered on January 7, 2010
caused her to suffer from fatigue, arthritis, and rheumatoid arthritis. On July 16, 2015, the
undersigned issued a decision awarding compensation to Petitioner.
On August 14, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $24,684.82 in
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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.
1

Case 1:13-vv-00007-UNJ Document 48 Filed 09/09/15 Page 2 of 2
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that
she has not personally incurred any costs in pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $24,684.82, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Howard S.
Gold.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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.
2