Case law
Opinions from 1658 to today.
4,740 results
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Skinner v. Secretary of Department of Health & Human Services
30 Fed. Cl. 402 · United States Court of Federal Claims · Feb 2, 1994
The third DPT immunization was administered on April 17, 1985, in the office of her pediatrician. … Alternatively, petitioners contend that the developmental decline and severe problems in fact were caused by the third DPT immunization.
Cited 9 timesPublishedUnited States Court of Federal Claims · Jul 8, 2020
While deciding whether Deputy Byron was entitled to qualified immunity for handcuffing Mr. … Deputy Byron escaped liability for that violation by asserting qualified immunity.
Cited 0 timesPublishedIdeogenics, LLC v. United States
United States Court of Federal Claims · Nov 27, 2019
Although the Government contends that Ideogenics is not qualified for the award of the contract, and therefore cannot establish hardship, this argument is more properly considered in the standing context. … See Pl.’s Reply and Resp., at 10 n. 2 (“Clearly the Notice is a definitive procurement action containing a requirement that will not go away.”).
Cited 0 timesPublishedNussman v. Secretary of Health & Human Services
83 Fed. Cl. 111 · United States Court of Federal Claims · Jul 21, 2008
See Resp’t Posthr’g Br. 24 ("[Wjhile it would be preferable to have an actual vaccination record to establish the dates of immunization, respondent is satisfied in this case that the vaccination history submitted by petitioner … See Resp’t Posthr’g Br. 24 ("[W]hile it would be preferable to have an actual vaccination record to establish the dates of immunization, respon *114 dent is satisfied in this case that the vaccination history submitted by
Cited 44 timesPublishedNational Air Cargo Group, Inc. v. United States
117 Fed. Cl. 10 · United States Court of Federal Claims · Jun 26, 2014
“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.” … Thus, the question is whether Commerce, as National Air Cargo’s subrogee, qualifies as an interested person with respect to National Air Cargo’s claim against the FAA.
Cited 2 timesPublishedOlson v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 5, 2018
Regarding prong 1, the Special Master noted that it is reliably established that “adjuvants like alum help stimulate the innate immune system, thereby increasing the efficacy of vaccines.” Olson, at 59. … in this case, given that theory's dependency on complex immune system processes.
Cited 0 timesPublishedWirtshafter v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 13, 2021
Tavee again noted that the “[s]uspected etiology immune mediated related to preceding flu vaccination.” ECF No. 1-11 at 36. … The special master has abused his discretion if his decision: “‘(1) is clearly unreasonable, arbitrary, or fanciful; (2) is based on an erroneous conclusion of law; (3) rests on clearly erroneous fact findings; or (4) follows
Cited 0 timesPublished61 Fed. Cl. 281 · United States Court of Federal Claims · Jul 9, 2004
He argues that “[t]he fact that Plaintiff cannot establish through his initial pleading that the specific Government representatives had authority to make a binding contract does not subject the complaint to dismissal.” … In fact, as Defendant notes, the law clearly indicates that the government representatives who allegedly promised Plaintiff citizenship and a passport (a United States Attorney and an attorney from the DOJ) did not have the
Cited 8 timesPublishedRaymo v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 19, 2014
Clearly, her life has been altered forever by what transpired after her October 2010 vaccinations. … Nevertheless, petitioners have established by preponderant evidence that the correct diagnosis is acute immune-mediated transverse myelitis, that the medical theories proposed are biologically probable, that the facts and
Cited 0 timesPublished96 Fed. Cl. 283 · United States Court of Federal Claims · Dec 17, 2010
’s account established with his or her custodian. … Thus, the court must dismiss claims that are “based on an indisputably meritless legal theory” and “claims whose factual contentions are clearly baseless.” Id. at 327 , 109 S.Ct. 1827 .
Cited 10 timesPublishedLegault v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 30, 2025
Most importantly for present purposes, however, it was clearly established by the medical record in Madigan that the claimant was under significant, demonstrated stress prior to vaccination, raising concerns about … Furthermore, the petitioner in Vanore was unable to establish that SSNHL is solely or predominantly mediated by an immune process. Id.
Cited 0 timesPublishedFlores v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 25, 2020
The Leming petitioners argued that their minor daughter developed ITP, immune dysfunction, and immunodeficiency after receiving three different vaccines. Id. … Here, the medical record establishes this.
Cited 0 timesPublished42 Fed. Cl. 333 · United States Court of Federal Claims · Nov 19, 1998
This availability pay was, in effect, a 25% increase in the basic pay of each qualifying criminal investigator. Each of the plaintiffs was so qualified. … Thus, jurisdiction in this court is established under the Tucker Act, 28 U.S.C. § 1491 (a)(1). See United States v. Testan, 424 U.S. 392, 398 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976).
Cited 6 timesPublishedV. v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 28, 2021
The Vaccine Act provides two ways for a petitioner to establish causation. Munn, 970 F.2d at 865. … (emphasis added). 10 The inclusion of “post-vaccination” to qualify the remainder of the sentence speaks more to causation and serves as a preview of the Special Master
Cited 0 timesPublishedForrest v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 26, 2019
phase of the immune response. … Collins qualified the possibility of a recall response with the necessity that during the interval between the flu vaccinations a person would need to be exposed to flu antigen so that her immune memory cells remain active
Cited 0 timesPublishedHock v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 2, 2020
Oddis’s testimony on such matters, which clearly lay a bit outside of his actual expertise. … Utz was a credible expert, and he did not engage in the evasions or double-speak that can characterize the testimony of even highly-qualified experts.
Cited 0 timesPublishedTel-Instrument Electronics Corp. v. United States
56 Fed. Cl. 174 · United States Court of Federal Claims · Apr 8, 2003
The Army appraised and tested the bid samples, and issued Invitations for Bids to those who qualified. Three contractors qualified to participate in the bidding, including Tel-Instrument. … The administrative record includes materials establishing that the proposed equipment in fact was commercially available.
Cited 12 timesPublishedGiesecke & Devrient Gmbh v. United States
United States Court of Federal Claims · Oct 22, 2020
The government, acknowledging the Court of Federal Claims as a court of limited jurisdiction, states “precedent clearly establishes that a claim for attorneys’ fees under 35 U.S.C. § 285 may not be made against the Government … The Court of Federal Claims, relying on “unequivocally expressed” waivers of sovereign immunity to establish jurisdiction, frequently provides remedies for plaintiffs alleging patent infringement against the government pursuant
Cited 0 timesPublished90 Fed. Cl. 683 · United States Court of Federal Claims · Dec 8, 2009
Sabree did not qualify for a Good Conduct Medal. Finally, the Correction Board determined that Mr. … “Only a serious impediment can qualify to suspend running of the statute.” Id.
Cited 14 timesPublishedContreras v. Secretary of Health & Human Services
107 Fed. Cl. 280 · United States Court of Federal Claims · Oct 26, 2012
On the other hand, the provisions governing respondent’s burden in proving alternative causes, which apply only if a petitioner has established a prima facie case, clearly do not permit an unexplained, idiopathic origin of … The special master may not disregard case reports as evidence. 42 In addition, the special master, in the court’s opinion, must not over-rely on research involving the immune systems of rodents to establish a medieally-aeceptable
Cited 43 timesPublished
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