VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00157
Package ID: USCOURTS-cofc-1_13-vv-00157
Petitioner: Cherry Burnett
Filed: 2014-08-08
Decided: 2015-01-22
Vaccine: Hepatitis A
Vaccination date: 2010-04-09
Condition: rheumatologic injuries
Outcome: compensated
Award amount USD: 40573

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Cherry Burnett alleged that a Hepatitis A vaccine received on April 9, 2010, caused rheumatologic injuries with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman 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 injury. The case was resolved via stipulation, resulting in a total award of $38,773.28 for damages, including $23,773.28 for a lien reimbursement and $15,000.00 for all remaining damages. Attorneys' fees and costs were awarded in the amount of $18,500.00. The decision date for damages was August 8, 2014, and the decision date for fees was January 22, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Glenn A. MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00157-0
Date issued/filed: 2014-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/08/2014) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00157-UNJ Document 32 Filed 09/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-157V
Filed: August 8, 2014
Not for Publication
*************************************
CHERRY BURNETT, *
*
Petitioner, * Damages decision based on stipulation;
* Hepatitis A (Hep A) vaccine; rheumatologic
v. * injuries
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On August 8, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered rheumatologic
injuries that were caused by her April 9, 2010 receipt of Hepatitis A (“Hep A”) vaccine.
Petitioner further alleges that she suffered the residual effects of these injuries for more than six
months. Respondent denies that the Hep A vaccine caused petitioner’s alleged rheumatologic
injuries or any other injury and further denies that her current disabilities are a sequela of a
vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master's action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:13-vv-00157-UNJ Document 32 Filed 09/02/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards:
a. a lump sum of $23,773.28, representing reimbursement of a lien for services rendered on
behalf of petitioner. The award shall be in the form of a check for $23,773.28 made
payable jointly to petitioner and
MO HealthNet Division
Cost Recovery Unit
P.O. Box 6500
Jefferson City, MO 65102
Petitioner agrees to endorse this check to the Missouri Medicaid Agency; and
b. a lump sum of $15,000.00, representing compensation for all remaining damages that
would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a
check for $15,000.00 made payable to petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: August 8, 2014 s/ Laura D. Millman
by Nora Beth Dorsey
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00157-1
Date issued/filed: 2015-02-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/22/2015) regarding 37 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00157-UNJ Document 40 Filed 02/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-157V
Filed: January 22, 2015
Not for Publication
*************************************
CHERRY BURNETT, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On January 22, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner filed her application for attorneys’ fees and
costs on December 3, 2014. During informal discussions, respondent raised objections to certain
items in petitioner’s application. Based on these objections, petitioner amends her application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00157-UNJ Document 40 Filed 02/13/15 Page 2 of 2
attorneys’ fees and costs to request $18,500.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $18,500.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. in the amount of
$18,500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: January 22, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2