Vaccine Injury Compensation Program: Settlement in Neuenschwander Case

Strategic Insights -

Kayla Neuenschwander, a petitioner in the National Vaccine Injury Compensation Program, has reached a settlement in her case against the Secretary of Health and Human Services. Neuenschwander alleged that she developed Guillain-Barre Syndrome and permanent scarring after receiving a Hepatitis B vaccine on August 4, 2015. Despite respondent's denial that the immunization caused her injury, the parties agreed to settle the case. The settlement terms include a lump sum payment of $205,000, which will be issued through an ACH deposit to Neuenschwander's counsel's IOLTA account for prompt disbursement to her.

Key Takeaways:

  • Kayla Neuenschwander filed a petition for compensation on August 20, 2018, alleging that she developed Guillain-Barre Syndrome and permanent scarring after receiving a Hepatitis B vaccine on August 4, 2015.
  • The respondent denied that the vaccine caused Neuenschwander's injury, but the parties agreed to settle the case through a joint stipulation.
  • The settlement includes a lump sum payment of $205,000, which represents compensation for all damages available under 42 U.S.C. § 300aa-15(a).
  • The payment will be issued through an ACH deposit to Neuenschwander's counsel's IOLTA account for prompt disbursement to her.
  • The parties have agreed to the terms of the settlement, which were filed with the court on May 14, 2025.
  • The settlement is a result of the parties' joint stipulation, which was filed with the court on May 14, 2025.
  • The settlement will be made publicly accessible and will be posted on the United States Court of Federal Claims' website.
  • The special master, Mindy Michaels Roth, adopted the parties' stipulation and awarded compensation in the amount and on the terms set forth therein.

Statistics:

  • The petition was filed on August 20, 2018 (1 year, 9 months, and 25 days after the alleged injury).
  • The respondent denied that the vaccine caused Neuenschwander's injury on May 14, 2025.
  • The settlement was reached on May 14, 2025, after 6 years and 9 months of litigation.
  • The lump sum payment of $205,000 is the amount agreed upon by the parties in the joint stipulation.
  • The settlement includes compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Sources:

  • [Decision, United States Court of Federal Claims, OFFICE OF SPECIAL MASTERS No. 18-1245V, Filed: May 15, 2025]
  • [National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755]
  • [Vaccine Rule 18(b)]
  • [42 U.S.C. § 300aa (2018)]