# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 157 V

Filed: August 8, 2014

Not for P ublication

*************************************

CHERRY BURNETT, *

*

Petitioner

, * Damages decision based on stipulation;

* Hepatitis A (Hep A) vaccine; rheumatolo gic

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 DAMAGES 1

On August 8 , 2014 , the parties filed the attached stipulation in which they agreed to settle

this case and described the settlement terms. Petitioner allege s that s he suffered rheumatologic

injuries that w ere caused by her April 9, 2010 receipt of Hepatitis A ( “ Hep A ” ) vaccine

. Petitioner further alleges that s he suffe red the residual effects of these injuries for more than six

months. Respondent denies that the Hep A vaccine caused petitioner ’s alleged r heumatologic

injuries or any other injury a nd further denies that her current dis abilities 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1 Because this unpublished decision contains a reasoned exp lanation for the special master' s action in this

case, the special maste r intends to post this unpublished decision on the United States Court of Federal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 ,7 73

. 28

, representing reimbursement of a l ien for services rendered on

behalf of petitioner

. The award shall be in the form of a check for $ 23 ,7 7 3

. 28 made

payable jointly to petitioner and

M O HealthNet Division

Cost Recovery Unit

P.O. Box 6500

Jefferson City, MO 65102

Petitioner agrees to endorse this check to the Missouri Medicaid A gency ; and

b. a lump sum of $ 1 5

, 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.