Case law

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  • Teresa Fresco and Anthony Fresco, as Best Friends of Their Son, Daniel Fresco, a Minor v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 7, 2013

    Wiznitzer, who is far more qualified than Dr. Buttram to opine on autism spectrum disorders, cogently explains why Dr. … Buttram in this category, as his 2006 evaluation of Danny was clearly for the purpose of litigation not treatment—has linked Danny’s autism to his vaccines.

    Cited 0 timesPublished
  • Citizens Insurance Co. of America v. United States

    102 Fed. Cl. 733 · United States Court of Federal Claims · Dec 29, 2011

    A waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … United States, 405 F.3d 1002, 1005 (Fed.Cir.2005); *739 42 U.S.C. § 1395 (e) (2006) (providing “basic protection against the costs of hospital, related post-hospital, home health services, and hospice care” for qualifying

    Cited 2 timesPublished
  • Sanchez v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 5, 2022

    Nahm had reliably established that a pertussis infection (as opposed to the vaccine) could stimulate one part of the immune system associated with CIDP’s pathogenesis—but not that the stimulated T-helper cells responding … Certainly he offered reliable literature, like Mathey and Ross, establishing that these immune cells promote a healthy adaptive response to pertussis vaccines.

    Cited 0 timesPublished
  • Carraggio v. Secretary of Department of Health & Human Services

    38 Fed. Cl. 211 · United States Court of Federal Claims · May 21, 1997

    It usually occurs *220 within 12 hours after an immunization. No such event is described in the mother’s testimony. Report of Dr. … This Court rejects that contention, however, as clearly contrary to Dr. Guggenheim’s opinions in her written report. See Report of Dr. Guggenheim at 3-4. .

    Cited 14 timesPublished
  • Dupuch-Carron v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 25, 2019

    The petitioners contend that failing to apply the “ordinary meaning” of the word is “clearly inconsistent with the Supreme Court’s unanimous holding in Sebelius v. Cloer.” See Sebelius v. … Cl. 114, 120 (1996) (“[T]he Vaccine Act is a limited waiver of sovereign immunity.”).

    Cited 0 timesPublished
  • Gluck v. United States

    84 Fed. Cl. 609 · United States Court of Federal Claims · Nov 14, 2008

    with the [IRS] before suit can be brought, and establishes strict timeframes for filing such a claim.” … Section 7422(a), which waives the federal government’s sovereign immunity from tax refund suits, Chi. Milwaukee Corp. v.

    Cited 26 timesPublished
  • Rowan v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 30, 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 … The primitive immune system, which fights infections, has “toll-like receptors” which “start the cascade of the immune system.” Tr. 186. Dr.

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

    United States Court of Federal Claims · Dec 1, 2015

    Respondent’s well-qualified medical expert, Dr. Wiznitzer, also a pediatric neurologist, reached the same conclusion. To be sure, Dr. … Thus Petitioners’ claim clearly fails under Althen Prong 1. 3.

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

    United States Court of Federal Claims · Sep 23, 2020

    I conclude that petitioners have established these injuries and causation-in-fact. … Petitioners have established Althen prong three. V.

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

    United States Court of Federal Claims · Jul 23, 2013

    For establishing causation in fact. … Cl. 148, 152 (1993) (“Simply because a witness is found qualified to testify as an expert does not mean that the trier of fact must accept his testimony.”).

    Cited 0 timesPublished
  • Strategic Housing Finance Corp. v. United States

    86 Fed. Cl. 518 · United States Court of Federal Claims · Feb 27, 2009

    This treatment does not apply to any qualified veterans’ mortgage bonds. 26 U.S.C. § 148 (f)(1) (2006). . … ("The general immunity of state or local governments from federal taxation 'arises from the constitutional structure and a concern for protecting state sovereignty whereas the federal immunity arises from the Supremacy Clause

    Vacated in part, on other grounds by Strategic Housing Finance Corp. of Travis County v. United States, 608 F.3d 1317 (2010)Cited 13 timesPublished
  • Energy East Corp. v. United States

    92 Fed. Cl. 29 · United States Court of Federal Claims · Mar 11, 2010

    Congress has waived sovereign immunity permitting a certain delimited category of taxpayers to recoup interest by netting. … The various rates of interest payable or allowed to different kinds of taxpayers are established by § 6621, through reference to the Federal short-term rate plus a number of fixed percentage points.

    Cited 3 timesPublished
  • Applegate v. United States

    52 Fed. Cl. 751 · United States Court of Federal Claims · Jun 27, 2002

    Nor does this conclusion clash with the doctrine of sovereign immunity. … As such, various decisions clearly indicate that “[ajttorneys’ fees and expenses are not embraced within just compensation for land taken by eminent domain.” Dohany v.

    Cited 43 timesPublished
  • Railway Logistics International v. United States

    103 Fed. Cl. 252 · United States Court of Federal Claims · Jan 17, 2012

    His said that he performed some work on the contracts, but $300,000 for his services was clearly an overstatement. … Plaintiff does not qualify for treble damages pursuant to the False Claims Act because “damages” are calculated according to the number of fraudulent claims that are paid by the Government.

    Cited 3 timesPublished
  • Swift & Staley, Inc. v. United States

    United States Court of Federal Claims · Aug 27, 2021

    . § 121.103 (“Paragraph (h)”) defines the term “joint venture” and establishes requirements for a concern to qualify as a joint venture “[f]or the purposes of [the] provision.” … The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process.” Sys. Application & Techs., Inc. v.

    Cited 0 timesPublished
  • Carroll v. United States

    67 Fed. Cl. 82 · United States Court of Federal Claims · Jul 29, 2005

    Under either approach, the statutes identified by the plaintiffs are clearly not money-mandating. A. … appropriate to waivers of sovereign immunity.”

    Cited 8 timesPublished
  • Gram v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 15, 2022

    Levin concluded that Prong I was “clearly” established in “[t]he fact that her symptoms began within 2 weeks of the vaccination and they all biologically plausibly related to cytokine reactions satisfies the 1st first signs … “Clearly, you have a lower seizure threshold if you’re actually having seizure activity.” Tr. 68.

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

    United States Court of Federal Claims · Feb 13, 2023

    “An abuse of discretion may be found when (1) the court’s decision is clearly unreasonable, arbitrary, or fanciful; (2) the decision is based on an erroneous conclusion of the law; (3) the court’s findings are clearly erroneous … The Chief Special Master clearly considered Petitioner’s antibody testing between 2016 and 2020 but did not find it persuasive.

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

    United States Court of Federal Claims · Aug 2, 2021

    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 … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non–Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.

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

    United States Court of Federal Claims · Jun 18, 2019

    Regardless of some limitations on the legibility of the notes, the entries clearly show that the author was assessing Ms. Montgomery as suffering from GBS. … Whitton explained that duration is especially important here because a release of cytokines is part of the innate immune system’s response, i.e., the body’s short-term immune 5 Exhibit N: Gee et al., Monitoring

    Cited 0 timesPublished

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