Case law
Opinions from 1658 to today.
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Nieves v. Secretary of Health and Human Services
United States Court of Federal Claims · May 22, 2023
And numerous qualified treaters embraced the CIDP diagnosis (not to mention Drs. Jeret and Kinsbourne). Id. at 3. Third Report Dr. … of his theory did not establish that the vaccine would likely trigger a pathologic process, even if immune pathway responses bear generally on how the body responds to vaccines and infections.
Cited 0 timesPublished84 Fed. Cl. 712 · United States Court of Federal Claims · Nov 5, 2008
waiver of sovereign immunity.” … The President appoints the Director of the Mint; the Secretary of the Treasury establishes the “duties and powers” of the Director. 31 U.S.C. §§ 301 , 304.
Cited 2 timesPublishedM.S.B. Ex Rel. Bast v. Secretary of Health & Human Services
117 Fed. Cl. 104 · United States Court of Federal Claims · Jul 25, 2014
Doctors Raymond and Jones testified as expert witnesses for respondent, with the former found to be qualified as an expert in neurology and genetics and the latter found to be qualified as an expert in the field of oxidative … Doctor Raymond qualified this 22A variation on this argument was included in the post-hearing reply brief below.
Cited 31 timesPublished100 Fed. Cl. 34 · United States Court of Federal Claims · Aug 22, 2011
In Flora II, the United States Supreme Court again clearly stated that 28 U.S.C. § 1346 (a)(1) requires “payment of the full tax before suit... ,” 3 Flora II, 362 U.S. at 150-51, 80 S.Ct. 630 ; see also Shore v. … Plaintiffs allege that “[w]hen Hurricane Katrina hit the Gulf Coast,” plaintiffs claim to have lived “well within the disaster zone,” thus qualifying for an extension.
Cited 6 timesPublishedCotter Corporation, N.S.L. v. United States
United States Court of Federal Claims · Mar 3, 2023
Analysis The Court’s jurisdiction depends on the extent to which the United States has waived sovereign immunity. United States v. Testan, 424 U.S. 392, 399 (1976). … Therefore, Cotter does not fall within the class “clearly intended to be benefited” by the PAA’s indemnification under Section 170(d). 8 Accordingly, Cotter failed to establish it has standing as an intended third-party beneficiary
Cited 0 timesPublishedSantini v. Secretary of Health and Human Services
122 Fed. Cl. 102 · United States Court of Federal Claims · Jun 30, 2015
The admitting doctor recorded that “[t]he etiology of seizures is suspicious for adverse side effect of immunization, despite receiving 2-month immunizations without complications. … Consequently, Petitioners have failed to establish the first prong of Althen[.]”
Cited 8 timesPublished75 Fed. Cl. 206 · United States Court of Federal Claims · Feb 2, 2007
on the waiver of sovereign immunity, are jurisdictional in nature.” … Whenever possible, the Court relies on the administrative record to establish the relevant facts.
Cited 1 timesPublishedStaples v. Secretary of Department of Health & Human Services
30 Fed. Cl. 348 · United States Court of Federal Claims · Jan 26, 1994
Additionally, section 13(a) requires the plaintiff to establish either of these two elements with a preponderance of the evidence. … The respondent finally argues that because the Vaccine Act is a waiver of sovereign immunity, any provision for compensation must be clearly and unambiguously expressed.
Cited 10 timesPublishedChen v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 17, 2021
And recent infection or vaccinations (which mimic infectious processes) have been clearly shown to trigger the onset of some of these disorders. Id.; see also E. … As Petitioner and her expert established, an acceptable range of onset for immune-mediated CNS demyelinating reactions triggered by vaccination is within thirty days/three to four weeks following vaccination.
Cited 0 timesPublishedCaredio v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 9, 2021
from “an overactive immune system.” … law clearly permits Program claimants to establish these kinds of onset-related matters with individual sworn testimony, especially in the face of a silent or ambiguous record.
Cited 0 timesPublishedNiziol v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 7, 2020
Byers was unable to clearly state if this immunodeficiency disorder is synonymous to “immunosuppression” or if the term accurately describes S.N. … It is imperative to the integrity of the Vaccine Program that petitioners are able to obtain qualified experts.
Cited 0 timesPublished85 Fed. Cl. 264 · United States Court of Federal Claims · Jan 12, 2009
The Tucker Act “confers jurisdiction upon the Court of Federal Claims over the specified categories of actions brought against the United States, and ... waives the Government’s sovereign immunity for those actions.” … The EPA was established to protect against pay discrimination based on gender. Rep. Goodell, the “principal exponent” of the bill establishing the EPA, County of Wash. v.
Cited 10 timesPublishedKlamath Tribe Claims Committee v. United States
97 Fed. Cl. 203 · United States Court of Federal Claims · Feb 11, 2011
United States, 436 F.2d 1008, 1010-11 (Ct.Cl.1971). 2 Section 10 of the 1954 Act authorized the government to dispose of federally-owned property acquired for administration of the Tribes or to transfer this property to qualifying … be joined due to its immunity, the claim may not proceed”); 7 Federal Practice & Procedure § 1617; see also "Compulsory Party Joinder and Tribal Sovereign Immunity,” 56 Okla.
Cited 117 timesPublishedBielak v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 3, 2023
Petitioner also had clearly suffered from lingering complications related to his GBS for more than six months. … At best, it establishes the glycerol phosphate group contained in the capsid antigen that is most likely to spur the immune system to produce antibodies. 2. B.
Cited 0 timesPublishedHarris v. Secretary of Health & Human Services
102 Fed. Cl. 282 · United States Court of Federal Claims · Nov 28, 2011
Raymond, whom the Special Master considered “the most qualified expert to express an opinion.” Id. at *13. In light of the testimony of Dr. … Wiznitzer was not better qualified to interpret the NCES study than Dr. Kinsbourne. Id. at *29.
Reversed by Snyder v. Secretary of Health & Human Services, 553 F. App'x 994 (2014)Cited 13 timesPublished62 Fed. Cl. 409 · United States Court of Federal Claims · Oct 5, 2004
Because a security must also be a capital asset in order to qualify for a worthless security deduction under § 165(g), the IRS argued, the plaintiffs’ interest in a Ponzi scheme could not qualify for the deduction. … Dalm, 494 U.S. at 608-10 , 110 S.Ct. 1361 (1990) (“If any principle is central to our understanding of sovereign immunity, it is that the power to consent to ... suits is reserved to Congress [rather than the courts]”).
Cited 1 timesPublishedUnited States Court of Federal Claims · Nov 5, 2015
Although there was a recent immunization, a connection to the death could not be established.” Id. The Cozarts filed their petition on October 2, 2000. They filed an expert report from Dr. … McCusker testified, there are important similarities and differences between an immune response to an infection and an immune response to a vaccination. Tr. 138.
Cited 0 timesPublishedAll Florida Network Corp. v. United States
82 Fed. Cl. 468 · United States Court of Federal Claims · Jun 26, 2008
The Social Security Act requires that the Secretary of HHS “establish and implement programs under which competitive acquisition areas are established through the United States for contract award purposes for the furnishing … “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Id.
Cited 6 timesPublished40 Fed. Cl. 259 · United States Court of Federal Claims · Jan 27, 1998
The Department of the Army established the Qualitative Management Program as a means of improving the enlisted career force. … 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 .
Cited 23 timesPublishedMartin v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 14, 2019
Cir. 1997) (holding that once it has been established that Congress has waived immunity, the courts should not assume the authority to limit the waiver that Congress has established); Jones v. … Martin’s establishment of the guardianship clearly meets that statutory requirement, the undersigned finds that, necessarily, the costs associated with maintaining the guardianship are similarly “on the petition.”
Cited 0 timesPublished
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