Kathy Jo Neverve v. HHS - Influenza, Guillain-Barre Syndrome (2016)

Filed 2015-10-28Decided 2016-06-21Vaccine Influenza
compensated$90,000

Case summary [AI summaries can sometimes make mistakes]

Kathy Jo Neverve filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on October 30, 2012. She also received a Tdap vaccine on September 24, 2012, and hepatitis A/B vaccinations on September 25, 2012, and October 30, 2012.

Ms. Neverve claimed that she experienced residual effects from the GBS for more than six months and had not received any prior compensation for this injury.

The respondent, the Secretary of Health and Human Services, denied that Ms. Neverve's alleged GBS, or any other condition, was caused-in-fact by her vaccinations, and also denied that she experienced residual effects for more than six months.

Despite the respondent's denial, the parties filed a joint stipulation agreeing that Ms. Neverve should receive compensation.

The court found the stipulation reasonable and adopted it as the decision of the Court. Ms.

Neverve was awarded a lump sum of $90,000.00, which represents compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision.

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