Case law

Welch v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 1, 2019

However, Petitioner clearly cannot establish she experienced GBS (as defined by the Table) within that timeframe. … And although her waxing and waning mild symptoms could arguably be understood as chronic immune demyelinating polyradiculopathy (“CIDP”),4 that diagnosis is an excluding factor to establish a Table claim of GBS. 42 C.F.R.

Davidson v. United States

United States Court of Federal Claims · Jun 29, 2018

Davidson’s testimony establishes that his intent was not to merely copy the Statue of Liberty. … Although he was hired to clearly invoke the iconic New York image, it was his testimony that he intended to give the face a “fresh” look, updating and making her appearance more feminine.

Rodriguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 7, 2021

Petitioner also filed a Mercy Family Clinic Immunization History Report. Pet’r’s Ex. 1, ECF No. 6-2. … Neither of the relevant portions of these documents clearly reveal the date of creation, and neither are definitive in this case.

Thoma-Sea Marine Constructors, LLC v. United States

United States Court of Federal Claims · Jan 2, 2019

Evaluation Criteria Established by the Solicitation The source selection plan organized a three-tiered approach to proposal evaluation. … Taravella also suggests that the Navy “clearly knew or should have known through its expertise” that none of the T-ATS designs could meet the pitch requirements. First Taravella Report at Suppl. AR000011. Dr.

Perkins v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 2, 2021

Hunsberger was the only D.O. in Garden City; attempts were made to establish care without success. Id. … Uffens if she could see something clearly. Id. at 1-2. Ms. Uffens recalled joking with petitioner, saying “Mom are you serious?! You gotta get that checked out!” Id. Ms.

Finch v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 20, 2018

On July 13, 2018, respondent filed a response objecting to an award of attorneys’ fees and costs because petitioner failed to establish a reasonable basis for her claim. Resp. at 3. … In order to qualify for the Table injury GBS, a petitioner must actually have GBS and the onset must occur within 3-42 days of vaccination.

Lindholm v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 15, 2022

Respondent submitted a Rule 4(c) Report on May 25, 2017, stating Petitioners “do not qualify for an award of compensation under the Vaccine Act.” Resp’t’s Rep. at 1, ECF No. 17. … 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

Lcc-Mzt Team IV v. United States

United States Court of Federal Claims · Aug 26, 2021

There was a video shown to us at a meeting after that placement that you could clearly see that the vibrator was going into the concrete, so it was not a cold joint.” … Cl. 634, 645 (1995) (holding that there was no waiver of sovereign immunity to allow Prompt Payment Act interest when nonpayment by the agency is the result of a dispute with the business concern), aff’d, 135 F.3d 775 (Fed

Otto v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 5, 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 … 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).

Clairmy v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2026

In the record from Petitioner’s next visit (January 8, 2020), the PCP clearly stated he prescribed Naproxen in December 2019 to treat her left arm pain - present since the flu vaccine. Ex. 6 at 19. … The condition or abnormality must qualify as an explanation for the symptoms a petitioner is experiencing, but need not be a better or more likely explanation. Durham v.

Parra v. United States

United States Court of Federal Claims · Jun 27, 2025

11 the finding of a contract implied-in-law against the Government, for which there has been no waiver of sovereign immunity … Cir. 2000)). 7 Indeed, “to establish Tucker Act jurisdiction for an illegal exaction claim, a party cannot establish a Fifth Amendment taking. See Casitas Mun. Water Dist., 708 F.3d at 1348.

Dobbins v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 26, 2018

The physical therapist established a treatment plan where petitioner would be seen 2-3 times a week for 4-6 weeks. Id. at 4. … A plan of care was established for petitioner to attend physical therapy three times a week for four weeks.

Beiting v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 10, 2018

Sturtevant’s 2018 rate starting from his established 2017 rate of $315 per hour, and using the more generous inflation rate of 3.7%, yields a 2018 rate of $326 per hour (after rounding). … Respondent objected to this costs, arguing that the finance charge was the equivalent of interest and that, in the absence of a waiver of sovereign immunity, “interest cannot be assessed against the United States.” Id.

Jackson v. United States

United States Court of Federal Claims · Aug 31, 2021

Neuberger has been qualified to give expert testimony in the Court of Federal Claims, federal district courts, and state courts. Tr. 609-10. … Rights held by the general public, however, are clearly not rights that define individual property ownership. See United States v. Craft, 535 U.S. 274, 278 (2002). Mr.

Toes v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 25, 2017

Mar. 13, 2009) (" It is clearly incorrect to suggest that it is not an undue hardship for a small firm to loan thousands of dollars for years.")). … While this evidence may be sufficient to establish reasonable basis temporal association is not sufficient to establish causation-in-fact. Grant v Sec '.Y ofHealth & Human Servs., 956 F.2d 1144, 1148 (Fed. Cir. 1992).

Antolick v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 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 … My preliminary view was that the timing was not close enough to qualify as a Table encephalopathy. Therefore, petitioners had the burden of establishing causation-in-fact.

Smith v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 2022

Smith more clearly identified exhibits 18 and 19, which she included with a March 17, 2021 response to the Secretary’s report. Pet’r’s Status Rep., filed Mar. 17, 2021, at pdf 6-14. Following Ms. … Her immunizations appeared to have effected issues with walking and she fell at home.

SNEE v. United States

United States Court of Federal Claims · Jan 23, 2026

The Trails Act permits intervention by qualified private organizations or public agencies to railbank the corridor before abandonment is consummated by agreeing to serve as a trail operator in the interim. 16 U.S.C. § 1247 … In the absence of a trail use agreement, it must be clearly shown that the railroad intended to abandon its lines during the NITU period but was prevented from doing so by the existence of the NITU.

Keenan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 7, 2018

Determining whether a petition was filed in good faith is a subjective inquiry, and can be established as long as the petitioner demonstrates an honest belief that he has suffered a compensable injury. See Lemaire 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).

Schick-Cowell v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 3, 2022

Osowik stated that she wanted to do lab work “to see if it could be an auto immune 6 response to the vaccine.” Id. Ms. … Therefore, a reputable medical theory causally connecting the vaccination and injury is clearly established and accepted by the government.” Pet’r’s Br. at 30. Conversely, the Secretary asserts that Ms.