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Case of needle burger at Hawaii base nears trial

By WTOP Staff

JENNIFER SINCO KELLEHER
Associated Press

HONOLULU (AP) — A former soldier’s lawsuit alleging he bit into needles in a Burger King sandwich purchased at Hawaii’s Schofield Barracks is headed to trial in August after a settlement could not be reached.

Clark Bartholomew and his family sued in federal court in Honolulu after he said he was injured in 2010 on the sprawling central Oahu base. The former Army sergeant’s lawsuit says one needle pierced his tongue when he bit into his Triple Stacker sandwich, and another was lodged in his small intestine, requiring hospitalization.

The defendants include Miami-based Burger King Corp. and the U.S. Army and Air Force Exchange, which operates the franchise.

“We don’t feel there’s any merit in the claims,” Grant Kidani, a Honolulu attorney representing Burger King, said Monday, adding that the franchise is “totally operated by the government.”

A spokesman for the exchange referred questions to the assistant U.S. attorney handling the case, who didn’t immediately respond to requests for comment.

In a motion to dismiss the lawsuit, government attorneys argued that Bartholomew can’t sue because he suffered his injuries during the course of military service. U.S. District Judge J. Michael Seabright refused to throw out the case.

Seabright’s order issued last month noted that Bartholomew was at home on base Dec. 1, 2010, when his wife brought home a value meal for his dinner. He was home because of back pain.

“Eating a Burger King Triple Whopper (equally available to the military or general public) while at home on a sick day does not implicate military command or discipline,” Seabright’s order concluded.

Because a settlement wasn’t reached after a conference last week, trial was scheduled for August.

Bartholomew, 46, has since medically retired and lives in Chantilly, Virginia.

“I’m very disgusted,” his wife, Tanya Bartholomew, said of the lack of a settlement. “I think we’re more irritated than anything. We’re not in Hawaii, so now we have to spend even more money to fly to Hawaii to have a trial when everyone agrees someone screwed up.”

Blame, she said, is being passed around.

The argument that her husband’s injuries were the result of military service is insulting, she said.

“Him going to war in Iraq has nothing to do with him going to Burger King,” she said of her husband. He was a federal police officer assigned to the Pentagon on 9/11, and the terrorist attacks prompted him to enlist in the Army and serve two tours in Iraq, where he injured his back, she said.

“He went back into the military to serve his nation,” said the family’s attorney, Paul Saccoccio, of Haleiwa, Hawaii. “Why would he come out and be a vexatious litigant when he was prepared to die for his country?”

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Follow Jennifer Sinco Kelleher at http://www.twitter.com/JenHapa .

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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