Legal Opinion
Neher v. Secretary, Department of Health & Human Services
Court of Appeals for the Federal Circuit
Decided January 28, 1993No. 91-5138PublishedCited by 5 opinions
1Opinion of the Court
MICHEL, Circuit Judge.
Douglas and Jean Royce Neher (collectively the “Nehers” or “petitioners”), on behalf of their daughter, Janine M. Neher, appeal the decision of the United States Claims Court1 reversing the special master’s award of a $100,000 lump sum payment in addition to a lifetime annuity which covers all anticipated costs. Because the Claims Court correctly determined that the lump sum award by the special master is an impermissible award under the vaccine statute, we affirm.
I. BACKGROUND
On May 21, 1990, the Nehers filed a petition in the United States Claims Court for compensation…
2Cases cited4 opinions
- Melissa Hines, on Behalf of Her Minor Daughter, Amber Sevier v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
- Lisa Munn, Personal Representative of the Estate of Chelsea Vukelich v. The Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1992
- Loe v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1991
- Neher v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1991
3Cited by5 opinions
- Youngblood v. Secretary Of Health And Human ServicesCourt of Appeals for the Federal Circuit · 1994
- Kenzora v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
- Neher v. SecretaryCourt of Appeals for the Federal Circuit · 1993
- Youngblood v. Secretary of Department of Health & Human ServicesCourt of Appeals for the Federal Circuit · 1994
- Kollasch v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2021