Case law

Nicholson v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 25, 2022

Accordingly, she has not established the elements of a Table Injury. B. … Petitioner argues, however, that this clinical picture “created a situation ripe for immune dysregulation” and that the vaccine Petitioner received was a substantial causal factor in her development of a shoulder injury.

Weiss v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 7, 2026

and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of her injury for more than six months, died from her injury, or underwent a surgical intervention … Weiss had clearly reported to Dr. Kolettis previously (likely during her February 15, 2021 visit) that she attributed her shoulder pain to her vaccination.

Rehfeld v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 27, 2018

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 … To date, special masters have not awarded more than $500.00 per hour to highly qualified specialists in such fields as neurology, neuro-immunology, pediatrics, immunology, pathology, and rheumatology.

Sacramento Municipal Utility District v. United States

United States Court of Federal Claims · Jan 31, 2013

judicata effect on the partial breach of Standard Contract cases filed in the United States Court of Federal Claims, because the United States Court of Appeals for the District of Columbia’s ruling was not barred by sovereign immunity … Recovery of cost of capital is barred by the no-interest rule, set forth in 28 U.S.C. § 2516, absent a clear waiver of sovereign immunity or unambiguous agreement by the Government to permit such recovery.

Kohl v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 12, 2022

Silence in a medical record does not establish nonexistence of a problem. See id. … The medical records affirmatively establish that petitioner experienced two months of sequela.

Air Pegasus of D.C., Inc. v. United States

60 Fed. Cl. 448 · United States Court of Federal Claims · Apr 17, 2004

The Supreme Court qualified this rule, however, with the exception that a total loss of value would not trigger a taking if “the nature of the owner’s estate shows that the proscribed use interests were not part of his title … However, the Supreme Court in Causby clearly stated that there is no property right to navigable airspace. Id. at 261 , 66 S.Ct. 1062 (“The air is a public highway, as Congress has declared.

Allenfield Associates v. United States

42 Cont. Cas. Fed. 77,267 · United States Court of Federal Claims · Mar 2, 1998

Wagner assigned her option to purchase the Hamilton property to the Le-high County Industrial Development Authority (LCIDA), a qualified authority under PIDA, which then acquired the property directly from the College. … The plaintiff, however, is unable to establish the second and third requirements of res judicata in order to bar relitigation of its claims in this Court.

Ruge v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 10, 2025

pursuant to Section 11(c)(1)(D), and otherwise established a SIRVA Table claim. … However, the timing of Petitioner’s vaccination described in this statement most likely is in error as it is clearly contradicted by Dr.

Logistics Health, Inc. v. United States

United States Court of Federal Claims · Jun 11, 2021

The flow schedule was required to “clearly identify the critical path and all tasks.” Id. … (applying the standard established in Balt. Gas & Elec.).

Shell Oil Company v. United States

130 Fed. Cl. 8 · United States Court of Federal Claims · Jan 6, 2017

Bookspan are experts in their respective fields and qualified to testify as such. … Clearly, this was a reference to the fact that spent alkylation acid was used to produce avgas.

Sacramento Municipal Utility District v. United States

United States Court of Federal Claims · Jan 31, 2013

judicata effect on the partial breach of Standard Contract cases filed in the United States Court of Federal Claims, because the United States Court of Appeals for the District of Columbia’s ruling was not barred by sovereign immunity … Recovery of cost of capital is barred by the no-interest rule, set forth in 28 U.S.C. § 2516, absent a clear waiver of sovereign immunity or unambiguous agreement by the Government to permit such recovery.

Chen v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 1, 2019

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 … That rate is in turn determined by the “forum rule,” which bases the award rate on rates paid to similarly qualified attorneys in the forum where the relevant court sits (Washington, D.C., for Vaccine Program cases).

Short Bros. PLC v. United States

65 Fed. Cl. 695 · United States Court of Federal Claims · Jun 10, 2005

Haggerty, substantiated that the SOW contemplated “clearly a significant remanufaeturing job.” Tr. at 132. … But these large items, clearly the magnitude and scope of these changes was not a simple refurbishment or mod job. This was clearly a significant remanufaeturing job. Tr. at 131-32. But Mr.

James-Cornelius v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 13, 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 … While reiterating “the Vaccine Act’s remedial objective of maintaining petitioner’s access to willing and qualified legal assistance[,]” the Federal Circuit also acknowledged the discretionary nature of the decision to grant

Aycock v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 22, 2023

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 … Srikumaran’s hourly rate of $1,000.00 is well above the compensated rates that have been awarded to many other well-qualified experts. Scheduling Order (ECF No. 44).

Alcatec, LLC v. United States

100 Fed. Cl. 502 · United States Court of Federal Claims · Aug 24, 2011

Her testimony over two-and-one-half days, if nothing else, was clearly and convincingly exasperating. … Instead, Alcatee would seek to hire those qualified independent contractors as general maintenance technicians. Id. Mr.

Turnquest v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 5, 2024

Respondent also argued that Petitioner had not established that he suffered a left- side SIRVA due to the flu vaccination, because he failed to establish that his shoulder pain began within 48-hours of vaccination, as evidenced … The criteria establishing a SIRVA under the accompanying QAI are as follows: 3 In summary, a petitioner must establish that he received a vaccine covered by the Program, administered either in the United States and its

Palm Beach Isles Associates v. United States

42 Fed. Cl. 340 · United States Court of Federal Claims · Oct 19, 1998

It is a qualified title ... to be held at all times subordinate to such use of the submerged lands and of the waters flowing over them as may be consistent with or demanded by the public right of condemnation”). … In the case of a landowner who owns both wetlands and adjacent uplands, it would clearly be unrealistic to focus exclusively on the wetlands, and ignore whatever rights might remain in the uplands.

Agate v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 11, 2024

A 4 In summary, a petitioner must establish 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 … All experts were well-qualified, and proved knowledgeable about the topics at issue. However, Dr.

Benefits Consulting Associates, LLC v. United States

93 Fed. Cl. 254 · United States Court of Federal Claims · May 14, 2010

The Solicitation also allowed proposals to depart from stated requirements, but they must clearly identify why the acceptance would be “advantageous” to the SEC. AR at 84. … Although BCA proposed all unrated dental and vision providers, the financial data provided to the TEP continued that both would qualify as “A” rated or better. Id. at 4-6.