Case law

Davies v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 14, 2025

A 4 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 for a limited … The record also clearly reflects that Petitioner received a vaccination in November 2019, and not before or after.

Rodriguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 1, 2022

Temporal proximity between vaccination and onset of symptoms is a necessary component in establishing causation in non-Table cases, but without more, temporal proximity alone “fails to establish a reasonable basis for a vaccine … This constitutes sufficient evidence to establish a reasonable basis for the claim.

Carter v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 11, 2024

Reyes “was not professional and did not seem qualified,” even falling asleep during appointments at times. Id. at 3. Petitioner’s experience with Dr. … Carter’s chart – one of which was 10 months after the vaccination at issue, clearly establishing Ms. Carter experienced SIRVA-related symptoms longer than six months.” Id.

Dennis v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 31, 2025

The QAIs also specify that “[t]o 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). … Finally, Respondent argues that the record establishes that Mr.

Mls-Multinational Logistic Services, Ltd v. United States

United States Court of Federal Claims · Jun 11, 2019

Intervenor further argues, “[n]ow that it has become an awardee, MLS cannot establish that it is an actual or prospective bidder as required to establish standing,” and, therefore, MLS “cannot establish sufficient prejudice … Our concern was triggered by what we viewed as clearly contradictory indications in Sea Box’s submission with respect to its TAA compliance.

Bayless v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 12, 2015

During this check-up, Spencer received his second round of IPV, DTaP, Hib-Hep B, and Prevnar immunizations. Exhibit 2 at 90. … Bayless are qualified to express an opinion as to whether Spencer could perform the actions described by in What to Expect.

Sackey v. United States

United States Court of Federal Claims · Jul 7, 2025

. § 5323 mandates payment (of at least some monetary award) to a qualified whistleblower upon meeting the statutorily provided conditions, it is a money mandating statute. B. … U.S.C. § 5323 is clearly to incentivize those with information to provide it to the Department of the Treasury to aid its enforcement arm.

Ceres Environmental Services, Inc. v. United States

97 Fed. Cl. 277 · United States Court of Federal Claims · Mar 28, 2011

First, the SSA found Ceres’ key ManagemenVOperations personnel to be “highly qualified.” CAR 1148. … Plaintiff further claims that award to the lowest price offerors violates the solicitation, which clearly stated that price was less important than technical factors.

Wyatt v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 27, 2023

He recalled that petitioner “developed an upper extremity pain and also tingling in her upper extremities within a day of the immunization. … DeMio again wrote that petitioner has been diagnosed with “auto immunity (sic), inflammation, polyneuropathy, and arthritis.” Pet. Ex. 36 at 1.

Sheppard v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 1, 2021

With regard to reasonable basis, respondent contends that petitioner’s alleged diagnosis of MCTD has not been established and that petitioner’s medical records are insufficient to provide the requisite medical opinion establishing … In order to qualify for an award of interim attorneys’ fees and costs, the good faith and reasonable basis requirements must be satisfied. (Id.) “Good faith” is a subjective standard. Hamrick v.

Bolick v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 27, 2023

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 … Ternes’s specific findings clearly establish that Petitioner exhibited complete range of motion, albeit with pain. Ex. 2 at 12 (Dr.

First Crystal Park Associates Limited Partnership v. United States

130 Fed. Cl. 260 · United States Court of Federal Claims · Jan 24, 2017

Ct. 222, 230 (1990), and “an acceptance may not change, add to, or qualify the terms of the offer,” 2 Williston on Contracts § 6:10 (4th ed. 2015). … Redding clearly understood that there would be no final, binding contract until the parties executed a supplemental lease agreement. Mr.

Hamilton Square, LLC v. United States

United States Court of Federal Claims · Jul 15, 2025

Cir. 2007) (stating that “the opposing party must establish a genuine issue of material fact and cannot rest on mere allegations, but must present actual evidence”). … These terms clearly identify the prior release or threatened release of petroleum on the Property, such that the petroleum contamination at issue cannot be qualified as “previously unidentified.”

Record v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 5, 2025

Luyk recommended that Petitioner make a pre-travel immunizations appointment to receive Hep A, Hep B, and yellow fever vaccines. Id. … Haney documented Petitioner’s bilateral shoulder pain as multifactorial, noting that “[h]e clearly has an element of reactive arthritis.” Id. Dr.

Southern California Edison Co. v. United States

93 Fed. Cl. 337 · United States Court of Federal Claims · Jun 3, 2010

Liability on the part of DOE has been conclusively established — the U.S. … There is no clearly defined policy on determining the age of GTCC, as there is for SNF. Tr. 1124-27.

Rush Construction, Inc v. United States

117 Fed. Cl. 85 · United States Court of Federal Claims · Jul 15, 2014

If the omission qualifies for waiver as a minor informality, the bid is responsive. See, e.g., United Food Servs., 65 Comp. … Nor does the court purport to establish such a presumption. Thus, neither eBay nor Amoco Production are applicable on these facts.

Allied Technology Group, Inc. v. United States

94 Fed. Cl. 16 · United States Court of Federal Claims · Jul 2, 2010

That is, if an ARS user wanted to return or proceed to a separate screen, the TEP would consider whether that function was clearly described and easy to use. Id. … However, any changes to the technical scoring in Allied’s favor would not diminish the rationality of awarding the BPA to a qualified vendor whose price was significantly lower.

Galindo v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 10, 2019

Petitioner submitted that “immune cells and vaccine-derived immune complexes can cross the blood-brain barrier and trigger an [sic] neurodestructive autoimmune process. … Zofran, DORLAND’S at 2092. 62 Records of these emergency room visits were not filed. 63 The records do not clearly state when Ms.

Butler v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 17, 2026

not recall certain events or details and that she often used qualifiers such as “probably” or “I assume so.” … In that regard, petitioner has clearly testified that her shoulder pain began immediately after vaccination. (Tr. 10.)

Beres v. United States

92 Fed. Cl. 737 · United States Court of Federal Claims · Apr 12, 2010

Vasquez, 59 P.3d at 650 (The Washington Supreme Court “may qualify or reject collateral estoppel when its application would contravene public policy.”). … Therefore, the third element of collateral estoppel has not been established, with regal’d to the Ray co-plaintiffs.