VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00164
Package ID: USCOURTS-cofc-1_16-vv-00164
Petitioner: Donna Bartholomew
Filed: 2017-03-22
Decided: 2017-10-20
Vaccine: hepatitis A
Vaccination date: 2013-08-23
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 84000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00164-0
Date issued/filed: 2017-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/22/2017) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00164-UNJ Document 39 Filed 10/20/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0164V
Filed: March 22, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DONNA BARTHOLOMEW, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Hepatitis A (“Hep A”); Influenza (“Flu”);
* Inactivated Polio (“IPV”) Vaccines; Right
SECRETARY OF HEALTH * Shoulder Injuries; Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren, et al., P.C., Memphis, TN, for petitioner.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 3, 2016, Donna Bartholomew (“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 she suffered a right
shoulder injury as a result of receiving a hepatitis A (“Hep A”) and inactivated polio
(“IPV”) vaccines on August 23, 2013, and an influenza (“flu”) vaccine on September 5,
2013. Petition at 1; Stipulation, filed March 22, 2017, at ¶ 2, 4. Petitioner further
alleges that she suffered the residual effects of her alleged injury for more than six
months. Petition at 9; Stipulation at ¶ 4. “Respondent denies that petitioner’s alleged
shoulder injury and residual effects were caused-in-fact or significantly aggravated by
the Hep A, IPV, or flu vaccine, alone or in combination. Respondent further denies that
these vaccines caused petitioner any other injury or her current condition.” Stipulation at
¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00164-UNJ Document 39 Filed 10/20/17 Page 2 of 7
Nevertheless, on March 22, 2017, 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $84,000.00, in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
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.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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