Case law

Garner v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 2, 2016

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 … Secondary amenorrhea is “cessation of menstruation after it has once been established at puberty.”

PCL Construction Services, Inc. v. United States

84 Fed. Cl. 408 · United States Court of Federal Claims · Oct 16, 2008

I suggest to the Court that the evidence here demonstrates very clearly breach of contract, and that result is warranted. … Thus, prior to the creation of the United States Court of Claims, a private citizen’s only means of obtaining compensation from the government was to request “individually tailored waivers of sovereign immunity, through private

Harvey v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 6, 2025

After the case was briefed by both parties, on March 18, 2025, the Special Master concluded that “[w]hen called upon in this litigation to establish with preponderant for Dr. … Harvey suggested that the Flu Vaccine caused “cytokines,” issues with the “complement system,” or an “immune complex deposition.” Id.

Leeward Construction, Inc v. United States

United States Court of Federal Claims · Jul 5, 2022

DISCUSSION Although this protest presents a matter of first impression, well-established principles of contract and statutory interpretation guide the Court’s decision. … Second, the qualifying phrase “location of the Project” further complicates the applicability of the savings clause to this case.

Espirito Santo v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 22, 2019

Second, although the Vaccine Act allows claims to be filed on behalf of children who have suffered injuries resulting from maternal immunizations, those children must be born alive. 1d. … However, Petitioner has not established that an amended caption is warranted in this case. I therefore DENY Petitioner's motion. ITIS S0 0RDEⅢ ]D。 Herbrina D.

Washington State Department of Services for the Blind v. United States

58 Fed. Cl. 781 · United States Court of Federal Claims · Dec 17, 2003

In order to establish a direct economic interest, “a potential bidder must establish that it had a substantial chance of securing the award in order to establish standing.” Myers Investigative and Sec. Sens., Inc. v. … Nor are they modified by any qualifying or limiting phrases or words.

T.W. Laquay Marine, LLC v. United States

127 Fed. Cl. 748 · United States Court of Federal Claims · Aug 16, 2016

Solutions, Inc., 539 F.3d at 1344 (“To qualify as an ‘interested party,’ a protestor must establish that . . . it was an actual or prospective bidder or offeror[.]”). … The Solicitation clearly stated that the Source Selection Authority would conduct discussions if the lowest ranked TPP offeror did not have Acceptable ratings or a fair and reasonable price.

Fort Mojave Indian Tribe v. United States

32 Fed. Cl. 29 · United States Court of Federal Claims · Sep 9, 1994

In Fart Mojave I, this court concluded that the United States waived sovereign immunity so as to authorize the instant breach of trust action. … But Rupkey qualified this testimony by explaining that most pumping lifts were approximately 200 feet or over and that he had decided to stop at 240 feet because of topography and boundary considerations.

Thalle Construction Co. Inc. v. United States

United States Court of Federal Claims · May 5, 2022

The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process” including objections to an award. Sys. Application & Techs., Inc. v. … The reference to “ ” clearly refers to the on each canal, rather than between canals.

Schell & Kampeter, Inc. v. United States

United States Court of Federal Claims · May 9, 2022

During the late 19th and early 20th centuries, a railroad 1 company established a railroad right-of-way between St. Louis and Kansas City. Id. ¶ 4. … In other words, SNK clearly satisfied RCFC 8’s notice pleading.

Greek v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 17, 2017

Respondent denies that the MMR immunization caused C.T.G.’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. … There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to.

Daniels v. United States

United States Court of Federal Claims · Dec 6, 2022

Maria Aviles-Salgado, who saw the plaintiff “for [a] consult to re-establish care.” … Cir. 2009); see 5 U.S.C. § 706 (establishing the scope of review under the APA).

Walker v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 19, 2022

Wu are both qualified to testify about neurologic issues, the background and experience of Dr. Wu strengthen his opinions vis-à-vis the competing opinions from Dr. Chwalisz. Dr. … However, epidemiology ultimately cannot establish that a flu vaccination cannot cause a relapse. Thus, the other aspect to Dr.

Simmons v. United States

United States Court of Federal Claims · Mar 31, 2020

Entry of summary judgment is mandated against a party who fails to establish “an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” … However, IRC § 23(c) clearly provides that the credit can be carried forward a maximum of five years. Since Ms.

Keltner v. United States

United States Court of Federal Claims · Jun 3, 2020

Keltner might qualify for a medical discharge or certain retirement benefits. Id. ¶ 27. The Air Force, however, allegedly did not complete a line of duty determination. Id. ¶ 26. … Instead, the government’s motion quite clearly quite clearly falls into the fourth SKF USA category, in which “there are no intervening events [and] the agency [seeks] a remand (without confessing error) in order to reconsider

Marine Hydraulics International, Inc. v. United States

43 Cont. Cas. Fed. 77,465 · United States Court of Federal Claims · Apr 27, 1999

court must determine whether or not defendant’s actions toward MHI were: (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … Clearly, the three BVAC members performed the detailed analysis required by the SSP.

Roby v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 22, 2020

However, the ability of vaccines generally to stimulate the immune system does not establish a pathogenic effect. … Byers was qualified to read and interpret what treating doctors have done, she is not qualified to make any separate rheumatological diagnoses as part of her testimony. Tr. 78:1–7.

Perez v. United States

United States Court of Federal Claims · Jan 3, 2019

. § 1176, required that he be retained on active duty until he qualified for retirement at 20 years active duty.” 9  Plaintiff’s fourth count alleges that the Air … a six-year statute of limitations for claims arising under the Tucker Act’s waiver of sovereign immunity.

Esimplicity, Inc. v. United States

United States Court of Federal Claims · Oct 13, 2022

“First, a party’s later position must be ‘clearly inconsistent’ with its earlier position.” Id. … As to FAST, eSimplicity has not shown that the government’s position was clearly inconsistent with the government’s position here.

DOTSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Jul 25, 2025

Decision at 18–19 (quoting Ex. 18 at 4–6, ECF No. 55 (discussing two perceived errors, namely: (1) that B.M. did not have an immune deficiency; and (2) that B.M. did not suffer from an infection with a coronavirus)). … Hodges, 9 F.3d at 961; see also Munn, 970 F.2d at 870 n.10. 9 petitioner can establish causation and thus qualify for compensation.