Case law
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Loyd v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 28, 2022
On July 8, 2016, Tasha Loyd filed a petition on behalf of her minor child, C.L., seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioner alleged that C.L. experienced immune … 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
Cited 0 timesUnpublishedAssociated Mortgage Bankers Inc. v. United States
United States Court of Federal Claims · Mar 31, 2021
The Court first notes that, despite Plaintiff’s suggestions to the contrary, it clearly brought its claims in the district court “on behalf of itself and a class of similarly-situated mortgage lenders,” just as it does here … The Court also generally concurs with the government on the remaining two questions that establish preclusive effect.
Cited 0 timesPublishedUnited States Court of Federal Claims · Apr 29, 2022
Each Plaintiff must, of course, personally establish jurisdiction in order to prevail on the merits. See Lujan v. … However, a requirement to comply with these several policies is not enough to establish uniform maintenance as a principal work activity.
Cited 0 timesPublishedLucas v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 23, 2025
Fonseca performed a Panel Qualified Medical Re-Evaluation in connection with petitioner’s worker’s compensation claim. (Id. at 133.) … Piontek’s opinion, she simply asserts that the history she provided at her July 20, 2018 medical encounter “is clearly describing development of a new injury,” that this new injury occurred within 48 hours of her vaccination
Cited 0 timesUnpublishedEdna N. Zulueta v. United States
United States Court of Federal Claims · Jan 29, 2013
Rather, it is a jurisdictional provision „that operate[s] to waive sovereign immunity for claims premised on other sources of law (e.g., statutes or contracts).‟” Holmes v. United States, 657 F.3d 1303, 1309 (Fed. … Zulueta‟s EEO complaint,” the handwritten notes in which she made her complaint in two instances clearly state a fear that she was being driven from her job.
Cited 0 timesUnpublishedComposite Laminates, Inc. v. United States
38 Cont. Cas. Fed. 76,453 · United States Court of Federal Claims · Dec 15, 1992
The next day, August 22, 1990, the Navy drafted a letter, which was received by plaintiff on August 23, 1990, detailing the deficiencies found at Advanced Tooling, and concluding that Advanced was not qualified to produce … The evidence presents numerous disagreements clearly sufficient to require submission to fact finding.
Cited 8 timesPublishedSadler v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 25, 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 timesUnpublishedClapp v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 22, 2023
Dimachkie et al., Acquired Immune Demyelinating Neuropathies, 20 Continuum: Lifelong Learning and Neurology 1241, 1260 (2014), filed as Ex. P44(a), (ECF No. 34-3) (“Dimachkie”). … 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 timesUnpublishedReddy v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 22, 2015
While physicians and their staffs are not immune to mistakes, the entirety of what Dr. … They clearly worsened over time, a common pattern in ASD, and contributed to the mitochondrial disorder diagnosis made by Dr. Niyazov.
Cited 0 timesUnpublishedVertex Aerospace, LLC v. United States
United States Court of Federal Claims · Apr 22, 2019
The plaintiff has to establish the court’s subject matter jurisdiction by a preponderance of the evidence. Fid. & Guard. Ins. Underwriters, Inc. v. United States, 805 F.3d 1082, 1087 (Fed. … result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified
Cited 0 timesPublishedChemical Separation Technology, Inc. v. United States
51 Fed. Cl. 771 · United States Court of Federal Claims · Mar 11, 2002
After considering this intrinsic evidence, the court may also “consult trustworthy extrinsic evidence to ensure that the claim construction it is tending to from the patent file is not inconsistent with clearly expressed, … Plaintiffs’ arguments, however, are not immune from these same “tensions”' — thus, for example, while they vigorously argue that various claims in the ’800 patent were not indefinite because one skilled in the art would know
Cited 8 timesPublishedKrebs v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 2, 2024
Relevant Procedural History Approximately six months after initiating the instant claim, Petitioner filed his immunization record and one medical record exhibit (on compact disc), followed by a statement of completion … Section 11(c)(1)(C). 3 In summary, a petitioner must establish that she received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying
Cited 0 timesUnpublishedThomas v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 10, 2025
As I have previously observed, “the Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established. … While I find that Petitioner did eventually demonstrate objective evidence of reduced range of motion, sufficient to establish a Table SIRVA, that evidence is minimal, and clearly this is not an instance in which range of
Cited 0 timesUnpublished42 Fed. Cl. 175 · United States Court of Federal Claims · Aug 12, 1998
However, the court is constrained to conclude that Doyon, on this record, has clearly failed to carry its burden of overcoming the presumptive correctness of the Commissioner’s determination as well as establishing each element … Setting out a hierarchy of financial statements which qualify as candidates for the “applicable financial statement,” § 56(f)(3) lists the following in order of preference: (i) a financial statement required to be filed with
Reversed on other grounds by Doyon, Limited v. United States, 214 F.3d 1309 (2000)Cited 3 timesPublishedEl-Shifa Pharmaceutical Industries Co. v. United States
55 Fed. Cl. 751 · United States Court of Federal Claims · Mar 14, 2003
These strikes were intended to prevent and deter additional attacks by a clearly identified terrorist threat. … Neither the mode of attack nor the affected target, alone, establishes the maritime nature of this claim.
Cited 5 timesPublishedLong Island Savings Bank, FSB v. United States
67 Fed. Cl. 616 · United States Court of Federal Claims · Sep 15, 2005
See infra, at 643-44. 21 In short *642 Long Island has established causation. … DiConstanzo’s testimony as establishing Astoria’s marginal tax rate to a reasonable certainty.
Reversed on other grounds by Long Island Savings Bank, FSB v. United States, 503 F.3d 1234 (2007)Cited 9 timesPublished49 Fed. Cl. 248 · United States Court of Federal Claims · Apr 5, 2001
Moynihan exceeds the range established by Mr. … Moyni-han's claim that his numbers were based upon any meaningful consultations with a qualified engineer. . Along these lines, Mr.
Cited 17 timesPublishedSonoma Apartment Associates v. United States
United States Court of Federal Claims · Nov 3, 2017
The court qualified Dr. … “If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Locke v. United States, 283 F.2d 521, 524 (Ct. Cl. 1960); see also Energy Capital Corp. v.
Cited 0 timesPublishedOverton v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 19, 2024
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 injury … Thus, it is important to have a definition of SIRVA that is clearly associated with vaccine injection.
Cited 0 timesUnpublishedGlenn Defense Marine (Asia), PTE Ltd. v. States
105 Fed. Cl. 541 · United States Court of Federal Claims · Jul 17, 2012
By contrast, the Primary Contracting Officer/Source Selection Authority determined that “pricing transparency has been an area where MLS has clearly excelled,” noting them “long and established past performance history of … and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity
Cited 32 timesPublished
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