Case law

Opinions from 1658 to today.

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  • Morgan v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 7, 2020

    The medical record establishes that Mr. … Petitioner could have established this with a variety of circumstantial evidence involving the flu vaccine (or wild flu virus) and its association with NMOSD, or proof that immune system stimulation can at least initiate

    Cited 0 timesUnpublished
  • Derber v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 9, 2021

    D.D. received a flu immunization on November 9, 2014. 3. The vaccine was administered within the United States. 4. … 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.

    Cited 0 timesUnpublished
  • Barrett v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 10, 2024

    Schonberger et al., Gullian-Barre syndrome following vaccination in the National Influenza Immunization Program, United States, 1976-1977, 110 Am. … Simpson’s theory of a loss of immune self-tolerance is not supported by any data and cannot be considered a proper causal mechanism.

    Cited 0 timesUnpublished
  • Weggen v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 7, 2016

    A reasonable basis may be established by filing records and consulting experts subsequent to filing the petition. … Nemecheck suggested that a careful review of the medical records could be helpful in establishing causation.

    Cited 0 timesUnpublished
  • Zug v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 27, 2021

    TEZ received his immunization on October 12, 2012.! 3. The vaccine was administered within the United States. 4. … 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.

    Cited 0 timesUnpublished
  • Tindall v. United States

    United States Court of Federal Claims · May 31, 2026

    Cir. 2018) (“It is well established that a takings plaintiff bears the burden of proof to establish that the government action caused the injury.”), cert. denied, 586 U.S. 1069 (2019); Dimare Fresh, Inc. v. … Nor was the Court’s prior holding “clearly incorrect.” Intergraph Corp., 253 F.3d at 698.

    Cited 0 timesPublished
  • Eisenhuth v. United States

    59 Fed. Cl. 460 · United States Court of Federal Claims · Feb 18, 2004

    To satisfy the burden of proof, the Federal Circuit has required “‘cogent and clearly convincing evidence.’” Wronke, 787 F.2d at 1576 (quoting Dorl v. … Specifically, plaintiff claims that, in contravention of NAVPERS 1910/32, he was denied the right: (1) to consult with qualified counsel; (2) to submit a written statement for consideration by the separation authority; and

    Cited 3 timesPublished
  • Eskelin v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 19, 2018

    Petitioner noted that she provided counsel with her immunization record and healthcare provider form seven days later (on November 17, 2016). Id. at 3. … It is well established in the Program that Petitioner’s own statements are not objective in nature. See, e.g., Chuisano, 116 Fed.

    Cited 0 timesUnpublished
  • Jay Cashman, Inc. v. United States

    88 Fed. Cl. 297 · United States Court of Federal Claims · Aug 4, 2009

    This raises questions as to whether there might be some error bound surrounding the forty-seven-foot requirement— one under which a slight variance above that line would still be viewed as qualifying. … Following the receipt of that report, the court will conduct a scheduling conference to *310 establish the filing schedule that will lead up to trial. IT IS SO ORDERED. .

    Cited 9 timesPublished
  • Nyan v. United States

    United States Court of Federal Claims · Apr 5, 2021

    Nyan attended Field Medical Service School to qualify for service as a Field Medical Service Technician. … While the Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v.

    Cited 0 timesPublished
  • Scott Timber Co. v. United States

    64 Fed. Cl. 130 · United States Court of Federal Claims · Feb 8, 2005

    [One of the] three circumstances qualifying for a Contract Term Adjustment [is]: (a) Purchaser experiences delay in starting scheduled operations or interruption in active operations either of which stops removal of Included … Third, the measure of damages must be reasonably certain, although if “a reasonable probability of damage can be clearly established, uncertainty as to the amount will *138 not preclude recovery.” Glendale Fed.

    Cited 11 timesPublished
  • Kraus v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 8, 2021

    Borgia also noted that she “found other examples of [rotator cuff] problems after flu [immunization],” and she planned to report Ms. Kraus’s reaction to VAERS. Id. at 10, 12. During this visit, Ms. … The Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established. Rather, it requires only that onset occurs in the relevant timeframe. Section 13(b)(2).

    Cited 0 timesUnpublished
  • Valle v. Hhs

    United States Court of Federal Claims · May 5, 2016

    Respondent concluded: “Inasmuch as petitioners have not provided reliable evidence sufficient to establish that [J.V.]’s August 2, 2000 DTaP vaccination resulted in a Table encephalopathy (and they have not established a … Petitioners have not established a Table Injury anaphylaxis.

    Cited 0 timesPublished
  • Trillion Erp Venture Tech LLC v. United States

    United States Court of Federal Claims · Aug 12, 2022

    TERP also argues that FEMA should have given TERP a similar confidence bullet for its communication plan, “which was clearly and specifically delineated” in its quote. … Both companies submitted quotes that demonstrated they are highly capable and qualified to meet the Government’s needs.

    Cited 0 timesPublished
  • Allas v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 5, 2024

    Matiello established the continuity of these issues as all GBS-related. … CONCLUSION Petitioner has established entitlement to a damages award.

    Cited 0 timesUnpublished
  • Spodek v. United States

    73 Fed. Cl. 1 · United States Court of Federal Claims · Sep 8, 2006

    United States, 450 F.3d 1342, 1349 (Fed.Cir.2006) (“[I]t is clear' that, to the extent Jentoft’s retaliation claim ‘sounds in tort,’ the government has not waived its sovereign immunity in the Claims Court and that court … “If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery....” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed.Cir.2000) (quoting Locke v.

    Cited 7 timesPublished
  • Res Rei Development, Inc. v. United States

    126 Fed. Cl. 535 · United States Court of Federal Claims · May 17, 2016

    If needed you may send multiple emails; ensure they are clearly identified. AR at 928–29. … This includes the fact, established in FAST’s protest, FAST, 124 Fed.

    Cited 7 timesPublished
  • Bull v. United States

    68 Fed. Cl. 212 · United States Court of Federal Claims · Sep 27, 2005

    to be high enough to qualify as a skill unique to their employment. … times per year when officers qualified at the range.

    Cited 47 timesPublished
  • Terry v. United States

    103 Fed. Cl. 645 · United States Court of Federal Claims · Mar 6, 2012

    United States, 56 Fed.Cl. 572, 578 (2003) (determining that allegations of bad faith were “merely conclusory and ... clearly contradictory to the record”); J. Cooper & Assocs., Inc. v. … Plaintiff also seeks an injunction directing the AAFES to establish equal rates for all vendors conducting business at Fort Benning.

    Cited 36 timesPublished
  • American Relocation Connections, L.L.C. v. United States

    United States Court of Federal Claims · Oct 22, 2018

    facilitate the retention of well- qualified employees. … The only small business that qualified under NAICS code 531210 was Choice Relocation.

    Cited 0 timesPublished

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