NEHER v. SECRETARY, DHHS

No. 91-5138.

984 F.2d 1195 (1993)

Janine M. NEHER, a minor, by her parents and legal representative, Douglas NEHER and Jean Royce Neher, Petitioners, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

January 28, 1993.


Attorney(s) appearing for the Case

Andrew W. Dodd of Andrew W. Dodd, A Professional Corporation, Torrance, CA, for petitioners.

Nina S. Pelletier, Dept. of Justice, Washington, DC, for respondent.

Before MICHEL, Circuit Judge, SKELTON, Senior Circuit Judge, and LOURIE, Circuit Judge.


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...

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