Case law

Opinions from 1658 to today.

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  • Eason v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 30, 2022

    “To qualify as any subtype of GBS, there must not be a more likely alternative diagnosis for the weakness.” 42 C.F.R. § 100.3(c)(15)(v). … “To qualify as any subtype of GBS, there must not be a more likely alternative diagnosis for the weakness.” 42 C.F.R. § 100.3(c)(15)(v).

    Cited 0 timesPublished
  • Casitas Municipal Water District v. United States

    102 Fed. Cl. 443 · United States Court of Federal Claims · Dec 5, 2011

    Such a balance, defendant maintains, must clearly be struck in favor of the fish. … Clearly, plaintiff cannot be required to draw the reservoir dry before it can demonstrate harm.

    Cited 6 timesPublished
  • Al Andalus General Contracts Co. v. United States

    86 Fed. Cl. 252 · United States Court of Federal Claims · Mar 11, 2009

    Indeed, as noted above, the language of the solicitation clearly emphasized the importance of these worksheets. … The solicitation clearly mandated the provision of this information, and the plaintiff did not provide it.

    Cited 14 timesPublished
  • Civatte v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 19, 2024

    ) to a petitioner’s burden to establish entitlement under the Vaccine Act. … As previously explained: [U]nder the Vaccine Act, the Program is the payor of ‘last resort,’ and may only award qualifying unreimbursed expenses.

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

    United States Court of Federal Claims · Mar 13, 2019

    Bodor explained that when a vaccination is administered into the subdeltoid bursa it can cause a robust local and immune inflammatory response resulting in pain and reduced range of motion. … Bodor is well qualified to opine on the subject.

    Cited 0 timesUnpublished
  • Brinskele v. United States

    73 Fed. Cl. 227 · United States Court of Federal Claims · Oct 12, 2006

    In response, the government argues that the present ease is distinguishable from In re Air Transportation Excise Tax because in this case MTC’s bills very clearly identified the amount of tax it collected from each client … Pearce does not qualify as an expert in the subjects he discusses. Mr. Brinskele has also moved to strike defendant’s exhibit 14, the FCC tariff of U.S. West, on the grounds that it is irrelevant.

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

    United States Court of Federal Claims · Nov 9, 2021

    The second record is a handwritten “Seasonal Influenza Immunization Consent Form” reflecting the injection site as “RA”: 5 By contrast, Federal Circuit rulings concerning legal issues are binding on special masters. … Bruce’s affidavit primarily consists of a reiteration of the information contained in the medical records, clearly establishes that Dr. Abrams reviewed Dr. Bruce’s affidavit. Incidentally, I also note that while Dr.

    Cited 0 timesUnpublished
  • Alabama Aircraft Industries, Inc.-Birmingham v. United States

    83 Fed. Cl. 666 · United States Court of Federal Claims · Sep 30, 2008

    Whether Alabama Aircraft qualifies as an “interested party” and has standing to protest must be addressed as a threshold issue in this case. A. … Alabama Aircraft maintains that the Air Force failed to analyze proper records in its source selection process and thus failed to discern “the notion that Boeing’s pattern of misconduct clearly demonstrated its unsatisfactory

    Reversed on other grounds by Alabama Aircraft Industries, Inc.—Birmingham v. United States, 586 F.3d 1372 (2009)Cited 25 timesPublished
  • Erhart v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 8, 2026

    that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of his … Indeed, the records clearly state that Petitioner’s symptoms, while greatly improved, had not completely abated at the time of discharge, but that Petitioner “no longer requires the skilled intervention of a therapist.”

    Cited 0 timesUnpublished
  • Iron Bow Technologies, LLC v. United States

    132 Fed. Cl. 346 · United States Court of Federal Claims · Jun 1, 2017

    Each labor category must clearly state what company the personnel are from (i.e. OEM, Offeror, or Other subcontractor). … We are confident we had proposed a LoE that would provide for a successful project assessment, design and integration with qualified personnel.

    Cited 5 timesPublished
  • Pryor v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 19, 2025

    either in the United States and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of his injury for more than six months, died from his injury, or underwent … As I have previously observed, “the Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established.

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

    United States Court of Federal Claims · Aug 13, 2021

    Erwin, Lemtrada attempts to reset the body’s immune system. Tr. 248. Specifically, Lemtrada suppresses production of T cells, which target viruses. … Standards for Adjudication Petitioners bear the burden of establishing elements of compensation by a preponderance of the evidence. 42 U.S.C. § 300aa–13(a).

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

    United States Court of Federal Claims · Jan 9, 2020

    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 the same record, “Miller[-]Fisher syndrome” is again listed under past medical history in connection with “Dtap [sic] immunization.” Id.

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

    United States Court of Federal Claims · Apr 10, 2020

    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 … A petitioner has the burden of establishing entitlement to compensation through one of two ways.

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

    United States Court of Federal Claims · May 14, 2019

    Miller “indicated [an] immune system (reactive) cell infiltration to the brain,” and further, that Dr. … Cl. 148, 153 (2012) (ruling that “engaging in settlement negotiations does not in itself establish the reasonable basis of a claim.”)).

    Cited 0 timesPublished
  • Hitkansut LLC v. United States

    United States Court of Federal Claims · Mar 15, 2019

    Cl. 353, and Hitkansut qualifies under the size limits imposed by the statute. … Eckerhart, 461 U.S. 424, 437 (1983) (“[T]he fee applicant bears the burden of establishing entitlement to an award.”).

    Cited 0 timesPublished
  • Frazier v. United States

    79 Fed. Cl. 148 · United States Court of Federal Claims · Nov 7, 2007

    The Reclamation Act of 1902 established the Bureau of Reclamation of the Department of the Interior. 43 U.S.C. § 371 (2000); Pis.’ Mem. at 6. … Whether the mobile homes are plaintiffs’ property or their permittees’ property, mobile homes will be not be retained by the Bureau and thus do not qualify as permanent facilities for which plaintiffs are entitled to fair

    Cited 20 timesPublished
  • Ray v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 1, 2021

    The Report asserts that the record “clearly establishes” that petitioner’s condition began more than ten weeks after vaccination (on December 22, 2018), thus well outside of the Table timeframe. ECF No. 21 at 5. … Sept. 24, 2020) (finding the petitioner did not establish the onset of his GBS within the 3-42 day time frame prescribed and thus did not establish a Table Injury). IV.

    Cited 0 timesUnpublished
  • Information Sciences Corp. v. United States

    73 Fed. Cl. 70 · United States Court of Federal Claims · Sep 19, 2006

    [Plaintiff] need not show that it would have received the award in competition with other hypothetical bidders, [but rather] must show that it would have been a qualified bidder. … (citations omitted); SAI Indus., 60 Fed.Cl. at 747 (“The public’s interest is clearly served when suppliers engage in fair and robust competition for government contracts.

    Cited 73 timesPublished
  • Pistulka v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 29, 2025

    that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception and has not filed a civil suit or collected … Concerning the situs of vaccination, Petitioner argues that the only evidence suggesting that the vaccine was administered in his right arm is a computer-generated immunization history, with all remaining evidence supporting

    Cited 0 timesUnpublished

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