Case law

Tompkins v. Secretary of Health and Human Services

117 Fed. Cl. 713 · United States Court of Federal Claims · Mar 27, 2014

Pike, she concluded that Petitioner could not establish that Dr. Pike’s theory was probable. … The latter set of vaccinations was administered too close in time to the onset of 9 To establish a legal cause in an off-Table case, petitioners must establish each of the three Althen factors by

Williams v. United States

91 Fed. Cl. 560 · United States Court of Federal Claims · Mar 2, 2010

Kerner, 404 U.S. 519, 520 , 92 S.Ct. 594 , 30 L.Ed.2d 652 (1972), this relaxed standard does not relieve a plaintiff from establishing jurisdiction. See Bernard v. United States, 59 Fed.Cl. 497, 499 (2004). … Williams’ request and evidence, and clearly explained the Board’s findings and conclusion. Specifically, the Board examined Mr.

Kalamazoo Contractors, Inc. v. United States

41 Cont. Cas. Fed. 77,077 · United States Court of Federal Claims · Feb 16, 1997

The burden of establishing jurisdiction is on the plaintiff. McNutt v. General Motors Acceptance Corp. of Indiana, 298 U.S. 178, 189 , 56 S.Ct. 780, 785 , 80 L.Ed. 1135 (1936); Alaska v. … The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. at 953 .

Hendrickson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 9, 2021

Petitioner also filed an expert report from a qualified expert addressing all three Althen prongs. Ex. 28. … Petitioner further stated that medical literature clearly indicates that certain forms of CRPS can be immune mediated. See id. VI. Discussion A.

Kennedy v. United States

124 Fed. Cl. 309 · United States Court of Federal Claims · Nov 30, 2015

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … Pursuant to paragraphs 501(e) and 502(c) of CNETINST 1553.12G, a midshipman in the NROTC is required to complete OCS to qualify for a commission upon graduation, and a failure to qualify for a commission will lead to the

Hage v. United States

35 Fed. Cl. 147 · United States Court of Federal Claims · Mar 8, 1996

The Act of 1866 clearly acknowledges vested water rights on public lands. … Defendant argues that plaintiffs do not qualify for compensation under 43 U.S.C. § 1752 (g) for three reasons.

Murphy v. Secretary of Health and Human Services

128 Fed. Cl. 348 · United States Court of Federal Claims · Aug 15, 2016

Zimmerman was not qualified to testify about mitochondrial disease. Id. at 14-15. … Zimmerman Was Not Qualified To Testify About Mitochondrial Disease The special master also reasonably found that Dr.

Schultz v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 3, 2020

An autoimmune disease involves the immune system being “redirected” against the self, with some individuals being more prone genetically to experiencing such an aberrant immune response. Tr. at 59–60. … Boylan deemed this to corroborate the fact that the flu vaccine was responsible for the subsequent stroke, because it established that her immune system was, over time, “gearing up” to the direct injury she ultimately experienced

Diversified Group Incorporated v. United States

United States Court of Federal Claims · Sep 29, 2015

A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” King, 395 U.S. at 4. … There are limited circumstances in which a tax can be considered divisible and thus qualify as an exception to the full payment rule.

Boatmon v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 10, 2017

In Althen, the Federal Circuit established a three-prong test: petitioners must establish (1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing that the … He was clearly within the vulnerable risk period for SIDS in that he was between four and five months old and, given his pre-maturity, only about four months based on dates of conception.

Wells Fargo & Company v. United States

119 Fed. Cl. 27 · United States Court of Federal Claims · Oct 20, 2014

The court finds the government’s reference to sovereign immunity to be misplaced. … Chertoff, 553 U.S. 571, 589 (2008) (“The sovereign immunity canon is just that—a canon of construction.

Grunley Walsh International, LLC v. United States

78 Fed. Cl. 35 · United States Court of Federal Claims · Aug 13, 2007

the pre-qualified offerors. … The Plain Meaning of the Statute Establishes a Cumulative Business Volume Requirement The court agrees with plaintiff.

Van Cleave v. United States

70 Fed. Cl. 674 · United States Court of Federal Claims · May 19, 2006

It remains a frequency that is sufficient to qualify him for a thirty percent rating under the VASRD. … The Board did not explain how one would qualify for a rating that called for a prostrating condition.

Pelton v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 24, 2017

There is no evidence that immunizations caused, or contributed in any way, to [N.L.P.’s] death.” Id., p. 8. B. … When two well-qualified experts opine in contradictory fashion to one another on vaccine causation, support (or lack thereof) in the scientific literature is one factor identified in Daubert to consider when deciding if the

Tetlock v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 12, 2018

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Steinman testified that a “cascade of events” occurred in J.T.’s immune system which led to “the immune destruction of [J.T.’s] motor neuron system.” Id. at 2.

Widtfeldt v. United States

122 Fed. Cl. 158 · United States Court of Federal Claims · Jul 2, 2015

The facts of this case clearly demonstrate that the court lacks jurisdiction. … li]TI: $ rf i plaintiff tulfills this require;";,, the federal govemment's sovercign immunity from,uit. cti. vit*aui"e

McLeod Group, LLC v. United States

United States Court of Federal Claims · Apr 4, 2019

Rather, these agreements are “a simplified method of filling repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” Zhengxing, 71 Fed. … Indeed, the plain language of the BPA makes clear that this agreement is “a simplified method of filling repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.”

Wyble v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 24, 2026

In her reply, Petitioner emphasizes that her medical records and expert opinions clearly establish that she suffers from CIDP, as her treating neurologists at Jefferson and the University of Pennsylvania “repeatedly documented … I have reviewed expert opinions from neurologists and immunologists well qualified to offer their views.

Entines v. United States

39 Fed. Cl. 673 · United States Court of Federal Claims · Dec 16, 1997

Tolling the statute of limitations is, in effect, an expansion of the government’s waiver of sovereign immunity. … This Court, therefore, is permitted to do so only after a plaintiff has clearly established that the requirements for tolling have been satisfied. See Catellus Dev. Corp., 31 Fed.Cl. at 407 -OS.

Burch v. United States

99 Fed. Cl. 377 · United States Court of Federal Claims · Aug 10, 2011

Plaintiffs claim under § 2302(b)(12) is not sufficient to establish jurisdiction in this court. … The language of § 1103 is not “money-mandating” for the purposes of establishing jurisdiction in this court.