Case law
Opinions from 1658 to today.
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Neuss-Guillen v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 25, 2022
Respondent contends that “[a]n expert report is clearly ‘more than a mere scintilla’ of evidence, and yet the Federal Circuit in Perreira agreed that petitioner’s claim lacked a reasonable basis.” … (ECF No. 53, p. 4 (citing Ex. 4, p. 33038 (July 17, 2017 immunization screening notation indicating prior reaction to tetanus vaccine); Ex. 4, p. 35218 (September 7, 2017 history of present illness reporting “feels reacted
Cited 0 timesUnpublishedDelhur Industries, Inc. v. United States
95 Fed. Cl. 446 · United States Court of Federal Claims · Dec 9, 2010
The FHWA received six qualifying bids for the project with Del-hur deemed the lowest bidder. (Stip. ¶ 21.) Delhur’s bid of $9,560,706 was approximately 22 percent below the Government’s estimate of $12,319,344. … A reasonable contractor would have read the plans as representing only 9,717 CCM in wall excavation since sheet B-12 clearly indicated that there would be only 9,717 CCM.of excavation necessary for the MSE walls.
Cited 6 timesPublishedStrong v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 19, 2018
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). … Petitioner has not otherwise established grounds for increasing Dr. Kinsbourne’s rate by $100 per hour.
Cited 0 timesUnpublishedSimmons v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 8, 2019
. § 300aa-10-34 (2012), alleging that the tetanus toxoid-diphtheria-acellular pertussis (“Tdap”) vaccine he received on April 11, 2008 caused him anaphylaxis, immune dysregulation, and autoimmune disease leading to Addison … Pain and Suffering In his motion, petitioner argues that his past pain and suffering has clearly exceeded the statutory cap since his Tdap vaccination and he continues to experience daily pain and emotional distress
Cited 0 timesUnpublishedBailey v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 2, 2018
An attorney’s reasonable hourly rate is determined by the “forum rule,” which bases the award on rates paid to similarly qualified attorneys in the forum in which the relevant court sits (Washington, DC, for Vaccine Act cases … Dannenberg $200 per hour for work performed 2008 to 2010; special master noted that the affiant support offered to establish the higher requested rate for Mr.
Cited 0 timesUnpublishedEverhart v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 26, 2025
He dissected into the deltoid muscle and was then able to see the defect more clearly then could be seen through the skin. There was a defect that was about 4 cm in length. … He has clearly lost the ability to do something he once enjoyed as a result of his injury.
Cited 0 timesUnpublishedJuliet Construction, LLC v. United States
United States Court of Federal Claims · Mar 27, 2019
To qualify as a protégé under the ASMPP, a business must “qualify as small for the size standard corresponding to its primary NAICS 3 code.” 13 C.F.R. § 125.9(c). … Juliet clearly submitted an incomplete Form 355 laden with false or misleading information, and 13 C.F.R. §§ 121.1008(d) and 121.1009(d) permits the application of an adverse inference when a concern submits incomplete information
Cited 0 timesUnpublishedCrawford v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 8, 2024
Srikumaran’s expert reports all clearly demonstrate that she suffered a SIRVA injury following receipt of the flu vaccine on September 4, 2017. Mot. at 1. … In this case, the record establishes that although Ms.
Cited 0 timesUnpublishedSchultz v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 2, 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).
Cited 0 timesUnpublishedKent v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 10, 2019
Respondent asserted that the onset of petitioner’s pain “was not clearly within forty-eight hours.” Rule 4 Report at 6. … General causation is established, and petitioner has satisfied the first Althen prong. B.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · May 2, 2023
Haywood opening the gates to six inches “would certainly qualify” for a declaration of Response Level 1. … Cir. 2018) (“It is well established that a takings plaintiff bears the burden of proof to establish that the government action caused the injury.”); Dimare Fresh, Inc. v. United States, 808 F.3d 1301, 1306 (Fed.
Cited 0 timesPublishedYoung v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 12, 2025
Young qualifies for available both in Iowa City, Cedar Rapids, and remote positions.” Id. After accounting for Ms. Young’s earnings and offsets from disability benefits and her workers’ compensation settlement, Dr. … She has failed to establish that this care likely will be needed.
Cited 0 timesUnpublishedMcCollum v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 11, 2018
The parties then began filing expert reports, while obtaining records establishing proof of vaccination, a process that was not completed until August 2016. … 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).
Cited 0 timesUnpublished109 Fed. Cl. 108 · United States Court of Federal Claims · Dec 21, 2010
Clearly, BPX did not wish to share much with the plaintiffs. … Clearly, the Oenga allotment had a significant value over their existing alternative.
Cited 0 timesPublishedAustin v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 29, 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).
Cited 0 timesUnpublished78 Fed. Cl. 239 · United States Court of Federal Claims · Aug 10, 2007
claimant could not use a takings claim as the vehicle to establish this. … It is clearly not the “trafficking” of a claim, see Foster, 221 Ct.Cl. at 420 n. 6, 607 F.2d 943 , when a prior owner reacquires property.
Cited 13 timesPublishedGrant v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 7, 2018
I have previously found that attorneys practicing in this region are entitled to the forum rates established in McCulloch 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).
Cited 0 timesUnpublishedGreene v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 16, 2015
I do not give significant weight to the calendar as evidence establishing the onset of Petitioner’s symptoms. … By that date, he clearly understood his injury might be vaccine-related, and was therefore reasonably trying to relate prior facts to this theory.
Cited 0 timesUnpublished42 Cont. Cas. Fed. 77,317 · United States Court of Federal Claims · Jul 31, 1997
She testified: A computer professional might read then and, you know, that that first one is clearly a bug because it sounds like one. … THE WITNESS: Well, I think it clearly had a big cashflow effect on the contractor which until you have the negotiation you don’t know if that’s warranted or not.
Cited 6 timesPublishedCody v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 31, 2022
Finally – and the key question in most cases under the Program – the petitioner must also establish a causal link between the vaccination and the injury. … Vaccine Program petitioners must establish their claim by a “preponderance of the evidence”. § 300aa-13(a).
Cited 0 timesUnpublished
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