Case law
Opinions from 1658 to today.
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Althaus v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 10, 2026
Kinsella, the article concluded that “[a]uto-immune cerebellar ataxia related to GAD-Ab is a rare condition that typically affects women with late-onset type [I] diabetes or other auto-immune disorders, including auto-immune … June 16, 2021) (finding the petitioner failed to establish Althen prong three in a flu/ADEM claim when onset was within 24 hours based on an innate immune response), mot. for rev. denied, 157 Fed.
Cited 0 timesUnpublishedThermalon Industries, Ltd. v. United States
51 Fed. Cl. 464 · United States Court of Federal Claims · Jan 16, 2002
According to defendant, the promissory notes fail to qualify as allowable deferred compensation. … Miller's time was work expended as a principal investigator, that contention is belied by the audit of the day-timer records which, clearly differentiate between hours Mr.
Cited 7 timesPublishedDobbs v. Secretary of Health and Human Services
United States Court of Federal Claims · May 2, 2025
Davy’s assessment was “[s]oft tissue defect after prior immunization.” Id. He opined, “I think that the immunization got into the body and was absorbed and was able to be effective for her. … He explained “[t]he anatomical site of left hip for intramuscular injection and the left thigh where [S.S.] has noticeable injury are clearly different anatomic sites.” Id.
Cited 0 timesUnpublishedGinn v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 21, 2021
Ex. 13, Tab E at 3.10 The immune system is suggested to play a role in seizure development. Id. C. … Experts Qualifications Both experts are well qualified to opine on the causation issues presented by the facts and circumstances presented in this case. 1. Petitioners – Dr.
Cited 0 timesPublishedMondello v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 20, 2018
Geier, A case-control study of serious autoimmune adverse events following hepatitis B immunization, AUTOIMMUNITY, 38(4): 295-301 (2005), filed as Pet. … David Geier24 titled “A case-control study of serious autoimmune adverse events following hepatitis B immunization.”
Cited 0 timesPublishedJoint Venture of Comint Systems Corp. v. United States
102 Fed. Cl. 235 · United States Court of Federal Claims · Dec 2, 2011
Under subfactor 2, corporate commitment, the SSEB determined that Net-Services’ “detailed organizational chart” contained clearly defined lines of authority, responsibility, and communication. Id. … “The pivotal element of standing in a bid protest is whether a protestor qualifies as an ‘interested party’ under [section] 1491(b)(1).” RhinoCorps Ltd. v. United States, 87 Fed.Cl. 481, 485 (2009).
Cited 6 timesPublishedUnited States Court of Federal Claims · May 11, 2026
Turner qualified for the exception under 10 U.S.C. § 1414(a)(1) to receive concurrent payments. Id. In 2019, in response to one of Mr. … Neither the administrative record nor the government’s briefs clearly explain how Mr. Turner’s corrected retirement pay and recoupment were calculated, resulting in a total overpay- ment of $91,647.
Cited 0 timesPublished77 Fed. Cl. 513 · United States Court of Federal Claims · Jul 25, 2007
The Tucker Act provides the waiver of sovereign immunity necessary to sue the United States for money damages, but the plaintiff must establish an independent substantive right to money damages from the United States based … If an agreement is clearly written and the terms are unambiguous, the role of the court is to effectuate the mutual intent of the parties embodied in the agreement when interpreting its terms. See Conant v.
Cited 12 timesPublishedWILLIFORD v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · May 4, 2026
He opined that the first criterion – “a susceptible host whose genetic background and adaptive immune responses allows emergence of self-reactive immunity” – was likely met because R.W. suffered an injury “where the immune … Zucconi were well qualified to opine on the characteristics of R.W.’s neuroimaging. Dr.
Cited 0 timesUnpublished116 Fed. Cl. 612 · United States Court of Federal Claims · Dec 4, 2013
A “federal agency” included “an establishment in the ... judicial branch of the Government----” 40 U.S.C. § 102 (5) (2006). … The party seeking jurisdiction bears the burden of establishing jurisdiction by a preponderance of the evidence. Mc Nutt v.
Cited 3 timesPublishedMarshall v. Secretary of Health and Human Services
United States Court of Federal Claims · May 8, 2024
Suarez et al., Immune Brachial Plexus Neuropathy: Suggestive Evidence for an Inflammatory-Immune Pathogenesis, 46 Journal Info 559 (1996), filed as Ex. 27 (ECF No. 21-13). Dr. … Hixson, a qualified expert, Petitioner contends that she has put forth preponderant evidence establishing the onset of her symptoms occurred within a medically acceptable timeframe. Mot. at 12.
Cited 0 timesUnpublishedSquare One Armoring Service, Inc. v. United States
123 Fed. Cl. 309 · United States Court of Federal Claims · Sep 28, 2015
Cir. 2003)). 11 To establish standing under the Tucker Act, a protestor must establish that it qualifies as an “interested party.” 9 See 28 U.S.C. § 1491(b)(1) (providing … First, Square One alleges that its clarification clearly confirmed that each vehicle would be equipped with three keys, as the solicitation required. Compl. ¶ 58; Pl.’s Resp. 11.
Cited 44 timesPublished30 Fed. Cl. 830 · United States Court of Federal Claims · Mar 24, 1994
It is established that state law is applicable to determine marital status. Yarbrough v. United States, 169 Ct.Cl. 589 , 341 F.2d 621 (1965). … Entitlement thus is established to the SBP annuity which LTC Munson specifically elected. 15 C.
Cited 3 timesPublished116 Fed. Cl. 656 · United States Court of Federal Claims · Jun 17, 2014
The party invoking a court's jurisdiction bears the burden of establishing it, and must ultimately do so by a preponderance of the evidence. See McNutt v. Gen. … Holmes's record clearly was to prevent Mr. Holmes from being denied future employment based on his record as the Narry maintained it prior to the agreements.
Cited 36 timesPublishedHERNANDEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Jan 9, 2024
S.H. did not suffer from a fever after her immunization, which suggests that the immune response was not robust and makes it even less likely that her alleged seizures were immune-mediated. (Id.) Dr. … Cells of the innate immune system respond to PAMPs by secreting cytokines, which recruit other immune cells to the immunization site. (Id.
Cited 0 timesUnpublishedEdwards v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 1, 2014
A.E. received her influenza immunization on September 30, 2009. 3. The vaccine was administered within the United States. 4. … Petitioners allege that A.E. sustained the first symptom or manifestation of her injury within one week of her immunization.
Cited 0 timesUnpublishedGatto v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 31, 2025
Medical science had confirmed the former relationship through a number of studies—including an animal study where direct “immunization” of the antigenic mimics into animal subjects resulted in GBS-like symptoms, thus establishing … Petitioner also failed to establish reason to believe that meningococcal bacterial antigens could themselves likely lead to GBS (in comparison to other kinds of bacteria, like C. jejuni, that are clearly well-associated).
Cited 0 timesUnpublishedUniversal Protection Service, Lp v. United States
126 Fed. Cl. 173 · United States Court of Federal Claims · Apr 7, 2016
The Technical Evaluation Team indicated that for ABM Security Services, “[t]he NLECC proposal did not clearly demonstrate an understanding of the requirements in the 4 Statement … Rather, ABM's proposal clearly committed only the resources of ABM itself to contract performance. ...
Cited 4 timesPublishedYannacone v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 18, 2024
Amber referenced studies establishing that certain cytokines (some of which help regulate the immune process) reach higher levels in individuals who experience flu vaccine-related reactions or pain. L. … The lack of established association was, in Dr.
Cited 0 timesUnpublishedMitchco International, Inc. v. United States
United States Court of Federal Claims · Dec 30, 2020
Injunctive Relief Standing established, we move to the merits of plaintiff’s request for a permanent injunction. … In fact, the SBA clearly stated that “The Area Office does not have the purview to determine if KOVR meets the exception under the SLA for award.”
Cited 0 timesPublished
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