Case law

McKown v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 29, 2019

Gibbons emphasized the absence of evidence establishing that the POTS she experienced was consistent with the immune-mediated form of the condition. … At most, the records established that Petitioner clearly had eczema (most likely in a mild form) as an infant, along with various preexisting environmental allergies. Id. at 467, 469.

Tiara Spooner, Parent of G.S., a Minor v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 16, 2014

IVIG “is used to treat a range of immune- mediated neurologic diseases,” including GBS. … As such, and for the reasons explained below, neither a lumbar puncture nor IVIG therapy qualifies as a “surgical intervention.” 1.

Bianchi v. United States

46 Fed. Cl. 363 · United States Court of Federal Claims · Feb 14, 2000

Sovereign Immunity The sole issue to be decided in this case is whether the United States has waived its sovereign immunity to allow for the payment of interest on the EAJA award the DLA withheld as an offset. … “Clearly, the statute does not contemplate full recoupment. .. .It even more clearly does not contemplate recoupment of delay damages.” Chiu, 948 F.2d at 721 (citing Pierce v.

Hamza v. United States

39 Cont. Cas. Fed. 76,687 · United States Court of Federal Claims · May 13, 1994

The Tucker Act alone does not create a substantive right to recover money, but instead waives sovereign immunity under specific conditions. United States v. … Accordingly, this court must consider whether plaintiffs letters collectively qualify as a certified claim. 1.

Kelly v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 12, 2021

Literature filed in support demonstrated that a “systemic immune challenge resulted in a focal inner ear type I hypersensitivity reaction within 1 hour after the immune challenge.” Reply at 7. … Bigelow (who was demonstrably more qualified to opine on the causes and nature of hearing loss, given his actual medical focus and expertise, than Dr.

Stone

United States Court of Federal Claims · Mar 22, 2021

Stone provides no evidence that he qualifies for an exception to the general no-refund rule for these government agencies, and he does not cite an alternative source of law that entitles him to a refund. … Stone’s claims, though outside the jurisdiction of this Court, are not “clearly baseless.” Accordingly, Stone’s Motion to Proceed In Forma Pauperis is granted. V.

Hekmati v. United States

United States Court of Federal Claims · May 28, 2021

Award of Damages The Tucker Act, 28 U.S.C. § 1491(a), contains a clear statement by Congress waiving sovereign immunity and establishes this court’s jurisdiction. United States v. … To establish jurisdiction under 28 U.S.C. § 1491(a)(1) and invoke the Tucker Act’s waiver of sovereign immunity, the plaintiff must have a claim for damages against the United States.

MNOPF Trustees Ltd. v. United States

33 Fed. Cl. 755 · United States Court of Federal Claims · Jul 28, 1995

Rather, the presumption is that, unless the government expressly has waived its sovereign immunity, interest dike any other charge against the government as to which immunity has not been waived expressly) may not be paid … The court agrees with plaintiffs that § 6611(b)(3) does not apply in this case, not precisely because no late return was filed, but because another provision in § 6611, ignored by both parties, clearly establishes when interest

Americold Corp. v. United States

28 Fed. Cl. 747 · United States Court of Federal Claims · Jul 28, 1993

That is because the amount of the “qualified investment” eligible for the ITC depends upon the useful life used in computing the depreciation allowance. See I.R.C. § 46(a)(l)(2) (repealed 1990), § 167. … Even if this court might by such rules qualify the sovereign’s statutory limitations on its waiver of immunity, cf. Widdoss v.

Murphy v. Secretary of Health and Human Services

United States Court of Federal Claims · May 26, 2016

“was found to qualify for special educational services with educational disability of Developmental Delay in February 2004,” but “updated assessments [were] needed to determine current levels of functioning and to establish … Such testimony established that Dr.

Olson v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 23, 2017

Olson was diagnosed with bronchiectasis, but the medical records supporting this assertion are fairly thin, as they do not clearly establish when this initial diagnosis was made, nor by whom. … given that theory’s dependency on complex immune system processes.

Jeffrey Tompkins, as Personal Representative of the Estate of William Bruce Tompkins v. Secretary of the Department of Health and Human Services

United States Court of Federal Claims · Jun 21, 2013

Feinberg, is a well-qualified neurologist who diagnoses, treats, and teaches about GBS. … He was seen by health care providers on two occasions, and he clearly had some sort of illness.

Thompson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 3, 2023

Seventh, J.T.’s genetic mutation affects his immune system and may have caused an excessive immune response in reaction to the vaccines. Id. … Cir. 2007) (noting that “the government bears the burden of establishing alterative causation. . . . once petitioner has established a prima facie case”).

Local Initiative Health Authority for Los Angeles County v. United States

United States Court of Federal Claims · Feb 14, 2019

Section 1402 established the CSR program. To qualify for this subsidy, ACA customers must be enrolled in a silver plan and have a household income below 250 percent of the federal poverty level. See 42 U.S.C. § 18071. … Clearly, the statutes use the “shall” pay language characteristic of a money-mandating provision.

Lummi Tribe of the Lummi Reservation v. United States

99 Fed. Cl. 584 · United States Court of Federal Claims · Aug 4, 2011

their continuing eligibility to be counted as part of a tribe’s qualifying housing stock. … As waivers of sovereign immunity are to be strictly construed, see United States Dep’t of Energy v.

Green v. United States

114 Fed. Cl. 791 · United States Court of Federal Claims · Feb 20, 2014

Green was once named as the sole beneficiary of the Legacy Account 2 established by his aunt, Ann C. Spiegel. Compl. at ¶ 4. Apparently, when she first established the account, it was payable on death (“POD”) to Mr. … Because the regulations clearly state that the government cannot be liable for “any action” taken in accordance with the information it receives in the transaction request form, the government correctly argues that Mr.

Reusser v. Secretary of the Department of Health & Human Services

28 Fed. Cl. 516 · United States Court of Federal Claims · May 24, 1993

Climaco’s note on the day of the patient’s immunization, that is prior to receiving the first immunization, that the head control is plus-minus. … She was not required to then determine when, more likely than not, the evidence did establish the onset of Jonathan’s condition.

Allard v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 3, 2020

Gershwin clearly accepted that petitioner had developed ITP prior to her allegedly causal HPV vaccine. Resp. Ex. D at 2 (citing Pet. Ex. 134 at 3). Dr. … Forsthuber explained that pregnancy alone can impact a woman’s immune system and “represents a significant disturbance to the immune homeostasis and challenge to immune tolerance mechanisms.” Resp. Ex. A at 6.

Government Technical Services LLC. v. United States

90 Fed. Cl. 522 · United States Court of Federal Claims · Dec 29, 2009

Any waiver of sovereign immunity by the government must be “strictly construed in favor of the United States.” Ardestani v. INS, 502 U.S. 129, 137 , 112 S.Ct. 515 , 116 L.Ed.2d 496 (1991). … The plaintiffs in Distributed Solutions established that their case was within the court’s bid protest jurisdiction because they were “prospective bidders [who] ... submitted qualifying proposals ... and ... were prepared

Automated Communication System, Inc. v. United States

49 Fed. Cl. 570 · United States Court of Federal Claims · Jun 22, 2001

Amendment 1 also informed vendors that a future amendment would establish a new closing date for proposals and clarify Modifications 1 through 5. … Before Congress enacted the ADRA, the federal district courts heard post-award bid protest challenges to procurement decisions under the waiver of sovereign immunity provided for under the APA.