Case law

Piscopo v. Secretary of Health & Human Services

66 Fed. Cl. 49 · United States Court of Federal Claims · May 26, 2005

Geier to establish that his present condition, which involves an immune disorder, was caused by the Hepatitis B vaccine he had received. … The insert apparently identified various immune illnesses as possible adverse responses to the vaccine.

Cohn v. United States

44 Fed. Cl. 658 · United States Court of Federal Claims · Sep 13, 1999

Secretary of DHHS, 2 F.3d 1128 , 1135 n. 12 (Fed.Cir.1993) (agreeing that section 300aa-11 invokes sovereign immunity and therefore must be strictly construed in favor of Government). 2. … “the legal representative of any person who has died as a result of the administration of a vaccine____” The eligibility determinations for compensation resulting from vaccine-related injuries or vaccine-related deaths clearly

Blue Dot Energy Co. v. United States

76 Fed. Cl. 783 · United States Court of Federal Claims · Dec 13, 2004

Midcal Aluminum, Inc., 445 U.S. 97, 105 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980) (holding that to establish antitrust immunity a “challenged restraint must be ‘one clearly articulated and affirmatively expressed as state policy1 … In subsequent decisions, however, a unanimous Court established a two-part test to clarify that state action antitrust immunity is not absolute.

Angelo v. United States

57 Fed. Cl. 100 · United States Court of Federal Claims · Jun 27, 2003

United States, 44 Fed.Cl. 772, 776 (1999) (a unit or sub-shift of Supervisory Border Patrol Agents, SBPAs, did not qualify as an organizational unit with continuing function). … of a particular type, then sovereign immunity bars the claim.”

Cedillo ex rel. Cedillo v. Secretary of Health & Human Services

89 Fed. Cl. 158 · United States Court of Federal Claims · Aug 6, 2009

Krigsman’s diagnosis; (5) neuroinflammation; (6) Michelle Cedillo’s immune system; and (7) mercury and immune system dysfunction. Pet’r Br. 45-63. … Federal Circuit precedent clearly permits the Special Master to apply Daubert when evaluating the reliability of the parties’ evidence. In Terran v.

Rippa v. United States

79 Fed. Cl. 639 · United States Court of Federal Claims · Dec 14, 2007

“It long has been established, of course, that the United States, as sovereign, ‘is immune from suit save as it consents to be sued ... and the *642 terms of its consent to be sued in any court define that court’s jurisdiction … ), and therefore does not qualify to be accorded “the force and effect of law.”

Copenhaver v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 21, 2016

The IOM stated that “All controlled studies that have compared immunized versus nonimmunized children have found either no association or a decreased risk of SIDS among immunized children.” … The Copenhavers most clearly express their theory on page 10 of their posthearing brief.

Carpenter v. United States

28 Fed. Cl. 195 · United States Court of Federal Claims · Apr 30, 1993

Then, in order to recover, the claimant must demonstrate that, under the circumstances, it qualifies under the statute or regulation. … It would be difficult to imagine what more Congress would have to say to waive sovereign immunity in this regard.

Grice v. Secretary of Health & Human Services

36 Fed. Cl. 114 · United States Court of Federal Claims · Jun 21, 1996

Both petitioners and respondent agree on this well established rationale behind the Act. … In McGowan , this court held that the Vaccine Act is a limited waiver of sovereign immunity, and that “[t]he court cannot expand on the waiver of sovereign immunity explicitly stated in the statute.” Id.

Gerhardt v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 23, 2014

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 … Engler, an allergist-immunologist and then-Director of the VHC (making her especially qualified to consider the role a vaccination might play in an individual’s subsequent health).

Kannady v. United States

124 Fed. Cl. 253 · United States Court of Federal Claims · Nov 20, 2015

Rather, the plaintiff’s contract to sell his home establishes that he sold his home to a private buyer on December 31, 2009. See PA 6. … The statute clearly states that the Secretary’s decisions are immune from judicial review, and as such, this court does not have authority to subvert Congress’s unambiguous intent.

Dekalb County, Georgia v. United States

108 Fed. Cl. 681 · United States Court of Federal Claims · Jan 28, 2013

Instead, the term is qualified, and suggests that Congress intended to limit its waiver to fees that were imposed in connection with the provision of a service. … clearly in any statutory text.”).

Xp Vehicles, Inc. v. United States

121 Fed. Cl. 770 · United States Court of Federal Claims · Jun 5, 2015

performed in the United States of qualifying vehicles, ultra efficient vehicles, and qualifying components. 42 U.S.C. § 17013(b). … “The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). A waiver of immunity “cannot be implied but must be unequivocally expressed.”

Taylor v. United States

57 Fed. Cl. 313 · United States Court of Federal Claims · Jul 16, 2003

“It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional in nature.” … the six-year statute of limitations period established by 28 U.S.C. § 2501 .

Shortnacy v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 15, 2014

Davidson stated that “my honest assessment is that Lauren likely systemically developed Hodgkin's disease prior to November 2007” and that, in his opinion, “the first clearly established symptoms and manifestations of the … McCabe has had previous trouble establishing the third prong of Althen.

Knight v. United States

52 Fed. Cl. 243 · United States Court of Federal Claims · Apr 5, 2002

Privity of contract is a jurisdictional prerequisite insofar as when it is established, the court can then find that there has been a waiver of sovereign immunity on the part of the government. … In other words, because of the presence of the term “qualified,” paragraph 6 presents the possibilities that: (1) all of LNC staff would be qualified and thus offered employment; (2) some of LNC staff would be qualified and

Clarke v. Secretary of Health and Human Services

United States Court of Federal Claims · May 6, 2026

Shafrir’s practice involves many patients with neuro-immune disorders). Thus, Dr. Shafrir is qualified to opine about pediatric epilepsies. However, Dr. … Clarke has not established that she is entitled to compensation based upon the adaptive immune system / antibody-based theory. VIII.

Jennette v. United States

77 Fed. Cl. 132 · United States Court of Federal Claims · Jun 19, 2007

. § 1915(a), and is found to qualify for informa pauperis status.”). … A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” King, 395 U.S. at 4 , 89 S.Ct. 1501 .

Jaafar v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 21, 2018

Byers never clearly identified any medical literature that supported the idea that innate immune system memory, versus the standard innate immune system, would have a response time less than four hours. … Byers did not establish that this more robust response was a quicker response. Thus, the undersigned finds that Ms. Jaafar has failed to establish the Althen timing prong.

McGowan v. Secretary of Department of Health & Human Services

31 Fed. Cl. 734 · United States Court of Federal Claims · Aug 4, 1994

. § 300aa-ll(c)(l)(B)(i)(III) (1988), to establish jurisdiction under the Vaccine Act in respect of an injured person who has returned to the United States no later than six months after vaccination. … In keeping with the doctrine of limited waiver of sovereign immunity, the court cannot embellish the six-month requirement.