Cherry Burnett v. HHS - Hepatitis A, rheumatologic injuries (2014)

On August 8, 2014, Cherry Burnett filed a petition alleging that she suffered rheumatologic injuries caused by a Hepatitis A vaccine administered on April 9, 2010. She further alleged that these injuries had residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties reached a stipulation to resolve the case.

Special Master Laura D. Millman adopted the stipulation, awarding Cherry Burnett compensation.

The award included a lump sum of $23,773.28 to reimburse a lien for services rendered, payable jointly to petitioner and the MO HealthNet Division, Cost Recovery Unit. Additionally, a lump sum of $15,000.00 was awarded for all remaining damages, payable to petitioner.

The total award for damages was $38,773.28. Subsequently, on January 22, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Petitioner asserted she incurred no costs. After respondent raised objections to certain items in the initial application, petitioner amended her request to $18,500.00, which the respondent did not object to.

Special Master Millman found this amount reasonable and awarded $18,500.00 for attorneys' fees and costs, payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of causation.