Case law

Parker v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 16, 2024

active immunization by a vaccine, in turn, does stimulate the immune system to produce antigen-specific immunity. … Molecular mimicry between microbial and nerve antigens is clearly a major driving force behind the development of the disorder, at least in the case of Campylobacter jejuni infection.” Resp. Ex. C, Tab 2 at 1.

Lea v. United States

126 Fed. Cl. 203 · United States Court of Federal Claims · Apr 25, 2016

The District Court explained: Plaintiffs repeated filing of civil actions rehashing the same arguments is improper and harassing and clearly unwarranted. … Plaintiff has not established that he was a third party beneficiary to either contract.

Pence v. United States

52 Fed. Cl. 643 · United States Court of Federal Claims · Jun 20, 2002

Plaintiff must make her case *646 through cogent and clearly convincing arguments. Id. B. … It is not for this Court, however, to act as a legislative body by filling in the interstices of otherwise clearly elaborated statutory provisions. IV.

F. v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 24, 2023

Blitshteyn concluded that petitioner would “qualify for possible SFN, at the very least.” (Id.) Dr. … She also acknowledged that there has not yet been a prospective randomized controlled study examining whether HPV immunization leads to a higher incidence of POTS and conceded that such a study is needed to establish causality

Hoerth v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 4, 2021

Hoerth does not qualify for an award of attorneys’ fees because he has failed to establish a reasonable basis for the assertion that Mr. … Hoerth has established reasonable basis.

Isaacson v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 21, 2020

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 … He qualified that he was not suggesting that “she walked around with manifestations of kidney disease all the time,” but that she had injury to her kidney prior to her presentation of symptoms. Tr. 136.

Silverio v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 9, 2019

Graf noted a question of whether G.L.’s immunizations were the trigger. Id. … He was qualified as an expert in pediatric neurology without objection. Tr. 19-25. 20 Varivax package insert, Merck & Co. (2013), filed as “Pet.

Mandril v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 8, 2024

Petitioner alleged that he suffered from an acute, immune-mediated vaccine injury featuring myositis as a result of receiving seasonal influenza and Tdap vaccines on April 3, 2019. Pet. at 1. … Petitioner did provide evidence from a treating neurologist noting her impression of a resolved vaccine-related immune mediated myositis.

Management Solutions & Systems, Inc. v. United States

75 Fed. Cl. 820 · United States Court of Federal Claims · Mar 30, 2007

If a competitive bid process had occurred, MSSI would have been qualified to compete for the procurement, because it had performed these services in the past. See AR at 49-76. … MSSI contends that the Modification is “clearly unlawful,” because it was made in violation of SBA’s “adverse impact” rule, pursuant to 13 C.F.R. § 124.504 (c). PI. AR Br. at 9.

Kim v. United States

47 Fed. Cl. 493 · United States Court of Federal Claims · Sep 8, 2000

Determination of whether a specific resignation or retirement qualifies as voluntary requires an examination of all the facts and circumstances. Id. … Lister, Plaintiff clearly is writing to seek assistance in obtaining early retirement. The relevant portion reads: There exists an early retirement window for FY 97.

Franconia Associates v. United States

43 Fed. Cl. 702 · United States Court of Federal Claims · May 6, 1999

The six-year time bar on actions against the United States is “a jurisdictional requirement attached by Congress as a condition on the government’s waiver of sovereign immunity.” Hopland Band of Pomo Indians v. … This was clearly in contravention of the government’s clear promise to allow an unfettered prepayment right. We also note that this conclusion is in full accordance with Adams v.

Ettefaq-Meliat-Hai-Afghan Consulting, Inc. v. United States

106 Fed. Cl. 429 · United States Court of Federal Claims · Aug 21, 2012

In this ease, the record as a whole does not support a conclusion that EMA provided “information clearly indicating” that EMA was responsible. … However, as explained above, EMA has not established that the contracting officer violated the vendor vetting procedures.

Haubner v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 30, 2021

He continues that Petitioner’s “blood work, from before [November 7, 2013,] and onward, indicate no adversely elevated immune parameters other than a mono-gammopathy of undetermined significance that is clearly unrelated … Haubner is qualified to evaluate Petitioner’s medical conditions. Dr.

Veterans Technology LLC v. United States

United States Court of Federal Claims · May 9, 2018

On May 2, 2016, the SBA Area Office issued a size determination finding that Vet Tech did not qualify as a small business concern, because it was affiliated with ECS. AR 724, 1795, 1896, 2628–30. … The SBA has the burden of proof to establish that MDW was dependent on ECS; the burden is not on Vet Tech to establish MDW’s independence. Pl. Resp. at 10 (citing Gov’t Br. at 16).

Gruszka v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 21, 2023

Srikumaran indicates that “like many people of her age, [petitioner] has a chronic condition, osteoarthritis which was clearly asymptomatic for a long period prior to her vaccination.” (Ex. 24, p. 10.) … Srikumaran’s reliance on Arias, et al., to establish a two-month latency as medically reasonable is also unpersuasive.

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · May 2, 2018

Johnson’s medical record established the accuracy of her POTS diagnosis. … Blitshteyn is a qualified neurologist with an interest in POTS (at least as reflected in her publications) comparable to that of Dr. Mack.

Horvath v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 3, 2019

immune response [citations omitted].” … He said, “The immune system wanes with time and then responds.” Id. Dr. Ahmed said the Arbuckle paper (Ex. 28) clearly shows there is a time frame for the development of autoimmune disease. Id. at 62.

Brickwood Contractors, Inc. v. United States

49 Fed. Cl. 148 · United States Court of Federal Claims · Apr 9, 2001

See id. at 269 , 95 S.Ct. 1612 . 2 In addition, litigants seeking to recoup litigation expenses from the United States also face the barrier of sovereign immunity. See Chiu v. … Prior to EAJA, many different statutes had contained specific waivers of sovereign immunity for the United States. Gavette v. Office of Pers. Mgmt., 808 F.2d at 1460 .

Optimization Consulting, Inc. v. United States

United States Court of Federal Claims · Nov 22, 2013

-27- determination that Goldbelt Glacier’s proposal qualified it as within the competitive range. Def.’s Mot. at 23. … Of the remaining seven offerors, four were determined to qualify for the competitive range.

Langkamp v. United States

131 Fed. Cl. 85 · United States Court of Federal Claims · Mar 20, 2017

But, the Settlement Agreement, nonetheless, clearly provides that “the government will pay . . . a structured settlement.” Def. App. at A8. … As the United States Court of Appeals for the Federal Circuit recently recognized in Nutt, the principle of sovereign immunity compels a finding that the agreement at issue here does not obligate the government to guarantee