Case law

Ideker Farms, Inc. v. United States

United States Court of Federal Claims · Mar 13, 2018

In addition, Congress, in the 1944 Flood Control Act, has immunized the government from tort liability for flooding in such circumstances. 33 U.S.C. § 702c. … Woodbury conceded that he is not a meteorologist and is not qualified to give opinions on weather. Tr. 11404:22-11405:1, 11417:1-9.

Hock v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 27, 2019

It is well-established that a decision on an underlying Vaccine Program claim is not required before interim fees or costs may be awarded. Fester v. … 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).

Bishop v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 6, 2021

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 during an inpatient hospitalization; and has not … The mechanism set forth in Atanasoff is described as “the unintentional injection of antigenic material into synovial tissues resulting in an immune-mediated inflammatory reaction.” Atanasoff, Ex. 14.5 at 1.

Robinson v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 31, 2018

Just as they are required to establish the reasonableness of requested fees, petitioners must also demonstrate that requested litigation costs are reasonable. Perreira v. Sec’y of Health & Human Servs., 27 Fed. … The former Chief Special Master is undoubtedly qualified to assist Vaccine Program litigants with mediation services, and $400 per hour is a reasonable rate for his time.

Rivera Morales v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 8, 2026

The petitioner “bea[rs] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson, 24 Cl. Ct. at 484. … Akbari’s opinions on causation are helpful, and he is well qualified in immunology, although he is not a medical doctor and lacks clinical experience. Reinhardt v. Sec’y of Health & Hum.

Doble v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 29, 2022

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 … Chwalisz was petitioner’s treating neurologist at Massachusetts General Hospital, and not only is he well qualified, as the treating physician his opinion regarding vaccine causation was especially helpful. I find Dr.

Goodwin v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 11, 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.

O'leary, M.D. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 20, 2021

A, pp. 4-5) (citing Christina Trollmo et al., Intra-articular immunization induced strong systemic immune response in humans, 82 CLINICAL AND EXPERIMENTAL IMMUNOLOGY 384 (1990) (Ex. L).) Dr. … It is well established in this program that medical records must be interpreted with the understanding that they “typically 4 Petitioner’s physical therapy record does include a notation indicating that onset was “10/15/2016

Domke v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 20, 2017

In the alternative, petitioner alleged an immune-mediated inflammatory condition resulting in pain, tightness and weakness in her left arm, shoulder and chest, aggravated ongoing environmental allergies, and increased sensitivity … Cl. 276, 291 (May 15, 2014) (finding that a special master acted within his discretion in not finding reasonable basis because, in part, the attorneys did not establish diligence and noting “an earlier telephone call to one

Byndloss v. Secretary of Health and Human Services

United States Court of Federal Claims · May 22, 2026

The authors hypothesized that the vaccine was injected into the subdeltoid bursa in both cases, which likely caused “a robust local immune and inflammatory response.” (Id. at 2.) … But in any event, the record does not clearly establish that the back or chest complaint was related to her shoulder condition.

Centech Group, Inc. v. United States

United States Court of Federal Claims · Jun 1, 2018

● The CO signature was necessary because the relevant CO or COR is the individual most qualified to make that determination. … Denial of Permanent Injunctive Relief In order to establish that it is entitled to permanent injunctive relief, the plaintiff must establish actual success on the merits.

Mil-Mar Century Corp. v. United States

111 Fed. Cl. 508 · United States Court of Federal Claims · Jun 12, 2013

To establish that a plaintiff’s “direct economic interest” is affected in the post-award bid protest context, a plaintiff “must show it would have been ‘a qualified bidder,’ i.e., that it had a ‘substantial chance’ of being … “Normally, competition establishes price reasonableness.” FAR 15.305(a)(1).

Wyatt v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 11, 2019

He recalled that petitioner “developed an upper extremity pain and also tingling in her upper extremities within a day of the immunization. … DeMio is not qualified to opine on autoimmune or demyelinating diseases such as GBS.

Uscher v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 3, 2017

Kooi, 2007 WL 5161800 at *2 (stating that "in the context of attorneys' fees, a legal obligation can be established through an attorney-client relationship"). … The expert asked for $400.00 per hour, which is comparable to hourly rates awarded to other qualified experts in the Program.

Hendrix v. Secretary of Health and Human Services

United States Court of Federal Claims · May 6, 2024

However, fees can still be adjusted or denied entirely even where reasonable basis is established. … Further, since petitioner withdrew her petition to pursue this claim against Merck, good faith clearly exists. Id. at 7; Pet. Ex. 8; Pet. Ex. 14.

Hollowell v. United States

United States Court of Federal Claims · Jun 3, 2025

to recover under the statute if the elements of a cause of action are established.” … the [source of law] if the elements of a cause of action are established.’”

D. v. Secretary of Health and Human Services

United States Court of Federal Claims · May 7, 2024

She asserts that the injury she has presented is a “chronic inflammatory condition secondary to immune activation by HPV-vaccination with an autoimmune etiology manifesting as headaches, POTS, chronic fatigue, autoimmune … (E.g., Ex. 63, 5 Recognizing that consultations can have a dual purpose or character, I have not reduced fees in this case for billing entries that clearly reflect such a dual purpose based on my review.

Miron v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 14, 2017

Loucks is entitled to the forum rate under the test established by the Federal Circuit in Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1349 (Fed. … Consistent with my decision in Anderson and other similarly qualified experts, I will reduce Dr. Kelkar’s hourly rate to $400, resulting in a total reduction of $1,600.00.

Open Spirit, LLC v. United States

131 Fed. Cl. 756 · United States Court of Federal Claims · Apr 28, 2017

and a reproductive hazard,” capable of causing dizziness, intoxication, weakness, loss of feeling or coordination, vomiting, unconsciousness, abnormal heart rhythms, cancer, damage to the kidneys and liver, damage to the immune … Moreover, additional language/land use controls may be required to be included in the Lease clearly putting the Lessee on notice for the known hazardous materials that will not be allowed on the Leased Premises

Wave Digital Assets, LLC v. United States

United States Court of Federal Claims · Aug 25, 2025

The proposal stated: Assets held in hard wallets are not covered by insurance policy nor included in SOC audits, and thus are not considered to be held in ‘Qualified’ custody. … Wave fails to clearly highlight any specific provisions, page numbers, or sections.