Case law

S. v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 24, 2026

Steinman described as “foreign invaders”—antigens presented to the immune system—and the immune system sometimes cannot distinguish between the two. Id. … This contention is wholly reasonable and logical, for the evidence clearly establishes that medical science recognizes that infections can result in MOGAD.

Ayres v. United States

66 Fed. Cl. 551 · United States Court of Federal Claims · Jun 29, 2005

Plaintiff, as the non-moving party, however, bears the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch. … Although not clearly asserted in the Complaint, Plaintiff argues that she was induced to waive an opportunity to conduct a risk inspection/assessment of the Property and to enter into the Contract by misinformation provided

Novarro v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 4, 2014

In rare cases, the activation of the immune system is misdirected and both the humoral and cellular arms of the immune system attack the nervous system. Id. … Tornatore’s credentials render this portion of his opinion generally unreliable, and I find that he is qualified to opine on the topic at hand.

Debra Chuisano, as Legal Representative of the Estate of Frances D'esposito v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 25, 2013

D’Esposito’s death to her receipt of the flu vaccine, although they were clearly 8 Although not specifically explained in Ms. … While timing is needed, timing alone is not sufficient to establish reasonable basis for two reasons. First, as a matter of law and logic, a sequence of events does not establish causation.

Musick v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 22, 2025

Thus, he bears the burden of establishing actual causation. … helps to establish that the Prevnar-13 vaccine was the but-for-cause of his condition.

Sparton Corp. v. United States

44 Fed. Cl. 557 · United States Court of Federal Claims · Aug 9, 1999

Riverview Narrow Fabrics, Inc., 117 F.R.D. 83, 85-86 (M.D.N.C.1987). 3 Further, the government urges the Court to find that Sparton has failed to establish that the deposition of Mr. … The first provides qualified immunity from discovery for documents aiid tangible things which were “prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative

Resource Recycling Corp. v. United States

56 Fed. Cl. 612 · United States Court of Federal Claims · Mar 14, 2003

And, to be sure, it has long been established that the CDA does not encompass so-called “implied in fact” contracts arising from bid protests. … In doing so, the court clearly recognized that then section 1491(a)(3) encompassed only “pre-award bid protests.” Control Data Systems, Inc., 32 Fed.Cl. at 523-524 .

Norfolk Dredging Co. v. United States

58 Fed. Cl. 741 · United States Court of Federal Claims · Nov 26, 2003

Plaintiff has succeeded on the merits, establishing that the Corps violated an applicable procurement regulation by considering intervenor as qualified. … Taking all the facts into consideration, plaintiff has established its entitlement to injunctive relief.

Ferguson v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 5, 2024

Demidov could not establish an appropriate psychiatric diagnosis. Id. at 153. … Immune complexes are formed in response to an antigen. Id. These complexes are vital to regulating the immune response. Id. They also, however, can “participate in the pathologic expression of immune complex disease.”

Kalick v. United States

109 Fed. Cl. 551 · United States Court of Federal Claims · Feb 21, 2013

Although the Tucker Act waives the sovereign immunity necessary for a plaintiff to sue the United States for money damages, United States v. … United States, 33 Fed.Cl. 349, 353 (1995) (“Case law clearly establishes that the Due Process Clause of the Fifth Amendment neither explicitly nor implicitly obligated] the federal government to pay damages.”

Depena v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 25, 2017

Lokshin’s theory was based on how the immune system (particularly B cells and T cells) responds to a pneumococcus infection. Thus, the relevant discipline was immunology. Decision, 2017 WL 1075101. However, Dr. … Nov. 17, 2006) (stating “While it is reasonable to award higher hourly rates to well-qualified experts, that is, in part, with the understanding that such expert will expend fewer hours on the case”).

Suzuki v. United States

29 Fed. Cl. 688 · United States Court of Federal Claims · Oct 22, 1993

Salfi had been married for less than six months at the time of her husband's death and, hence, did not qualify for surviv- or benefits under the statutory definition of “widow.” Ms. … The Court articulated the proper standard for evaluating the constitutionality of such a denial of benefits, as follows: The standard for testing the validity of Congress’ Social Security classification was clearly stated

Jimenez v. United States

United States Court of Federal Claims · Jan 27, 2026

The discharge can be delayed if the officer is within two years of qualifying for certain types of retirement. Id. § 632(a)(3). … Jimenez never clearly brought his disability retirement pay claim before the BCNR. See SAR 1–10, 53–54, 69, 72–77, 149–63, 228–34. Mr.

NINA v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Nov 18, 2025

Absent ongoing immune dysfunction (which would otherwise be present over years), K.N.’s vaccinations represent an immune stimulus “similar to what the human immune system is routinely exposed to.” (Id. at 8.) … Holmes’s opinion is clearly entitled to comparatively more weight as between the two neurologists.

Velasquez v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 1, 2026

She denied any previous issues with immunizations, any injuries or other possible triggers for the pain, or any history of left shoulder problems. Id. … Moreover, certain medical records are even more specific, and set forth timeframes that clearly fall within the Table-defined onset period.

Fluor Hanford, Inc. v. United States

66 Fed. Cl. 230 · United States Court of Federal Claims · Jul 1, 2005

That case held that a state university did not qualify for Eleventh Amendment immunity from a qui tam lawsuit because the United States was the real party in interest even though the Government did not intervene. 7 Id. at … Congress established qui tam procedures to encourage private citizens to come forward when they know of fraudulent claims against the United States.

United International Investigative Services, Inc. v. United States

56 Fed. Cl. 619 · United States Court of Federal Claims · Mar 28, 2003

In any event, it has already been established, supra, that Plaintiff did not “have to” pay the CSOs for the disputed vacation time. … Mistakes of judgment, on the other hand, do not qualify for such relief. Id. Plaintiffs alleged mistake here is clearly not of the clerical or arithmetic kind.

Bell/Heery v. United States

106 Fed. Cl. 300 · United States Court of Federal Claims · Jul 31, 2012

Indeed, the contract rather clearly allocates that risk to plaintiff, and does so “without additional expense to the Government.” … Moreover, the language clearly and unambiguously allocates this burden “without additional expense to the Government.”

Berry v. United States

86 Fed. Cl. 750 · United States Court of Federal Claims · Apr 30, 2009

Clearly, the clerk of each court accepted their respective filing. … However, as is well-accepted, the Tucker Act by itself does not create substantive rights; it is simply a jurisdictional statute that waives sovereign immunity for claims premised on other sources, such as a statute or contract

Karuk Tribe of California v. United States

41 Fed. Cl. 468 · United States Court of Federal Claims · Aug 6, 1998

When Congress intends to convey vested title in land, it uses express language of permanence, and clearly identifies the beneficiaries. … Thus, if Congress had wanted to vest the plaintiffs or their ancestors with compensable expectancies in the Reservation, it clearly knew what language to use.