In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 13-157V

Filed: August 8, 2014

Not for Publication

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CHERRY BURNETT, *

*

 Petitioner, * Damages decision based on stipulation;

 * Hepatitis A (Hep A) vaccine; rheumatologic

v. * injuries

 *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 *

 Respondent. *

*

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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1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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.
2

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.