Donna Bartholomew v. HHS - Hepatitis A, right shoulder injury (2017)

Filed 2017-03-22Decided 2017-10-20Vaccine Hepatitis A
compensated$84,000

Case summary [AI summaries can sometimes make mistakes]

Donna Bartholomew filed a petition for compensation under the National Vaccine Injury Compensation Program on February 3, 2016. She alleged that she suffered a right shoulder injury as a result of receiving a hepatitis A and inactivated polio vaccine on August 23, 2013, and an influenza vaccine on September 5, 2013.

Ms. Bartholomew further alleged that she suffered the residual effects of her injury for more than six months.

The respondent denied that the vaccines caused her alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 22, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Donna Bartholomew was awarded a lump sum of $84,000.00, representing compensation for all items of damages available under the Vaccine Act.

The decision was issued on October 20, 2017. Petitioner counsel was Michael G.

McLaren of Black McLaren, et al., P.C. Respondent counsel was Jennifer L.

Reynaud of the U.S. Department of Justice.

Theory of causation

Petitioner Donna Bartholomew alleged a right shoulder injury following vaccination with hepatitis A, inactivated polio, and influenza vaccines on August 23, 2013, and September 5, 2013, respectively. The respondent denied that the vaccines caused the alleged injury or its residual effects. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The theory of causation was not detailed in the public decision, but the case was resolved via stipulation rather than litigation of the medical causation. The award was $84,000.00. Chief Special Master Nora Beth Dorsey issued the decision on October 20, 2017. Petitioner was represented by Michael G. McLaren, and respondent by Jennifer L. Reynaud.

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