Neeley v. Secretary of Health and Human Services
16-251
| Fed. Cl. | Aug 15, 2017Background
- Petitioner Elizabeth Neeley filed a Vaccine Act petition alleging Guillain-Barré Syndrome (GBS) and related impairments after receiving Hib, hepatitis A, hepatitis B, and Tdap vaccinations on or about February 20, 2015.
- Petition sought compensation under the National Vaccine Injury Compensation Program; respondent denied that the vaccines caused petitioner’s alleged injuries.
- The parties entered a joint stipulation resolving entitlement and damages and asked the Special Master to adopt it and enter judgment.
- Stipulated relief: a lump sum of $132,656.35 (including $12,656.35 for first-year life-care and $120,000 for pain and suffering/past unreimbursable expenses) payable to petitioner, plus an amount sufficient to purchase an annuity for specified periodic future payments for life.
- The stipulation included detailed annuity payment schedules, insurer minimum ratings/capital requirements, and customary release and notice provisions.
- Special Master Gowen found the stipulation reasonable, adopted it as the decision of the Court, and ordered entry of judgment consistent with the parties’ agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation: whether vaccines caused GBS | Neeley alleges the listed vaccines caused her GBS and residual effects >6 months | Secretary denies vaccines caused GBS or current condition | Court did not adjudicate causation on the merits; approved parties’ joint stipulation resolving the petition and awarding compensation |
| Entitlement/resolution via settlement | Petitioner sought compensation and agreed to settle for specified amounts | Respondent agreed to settle without admitting causation | Special Master accepted the settlement and directed entry of judgment awarding stipulated relief |
| Damages: quantum and form (lump sum + annuity) | Requests lump sum and structured annuity per schedule for life-care and other future needs | Respondent agreed to pay lump sum and purchase annuity meeting rating/capital conditions | Court approved the agreed lump sum and annuity arrangements as full satisfaction of Vaccine Act damages |
| Release and scope of settlement | Petitioner agreed to release the United States and DHHS for claims arising from the specified vaccinations and petition | Respondent required release as condition of settlement | Court adopted the release language as part of the judgment; settlement not an admission of causation by respondent |
Key Cases Cited
None — the decision is an adoption of a parties’ joint stipulation and does not cite published judicial authorities.