Case law

Skc, LLC v. United States

United States Court of Federal Claims · Mar 14, 2018

First, the SBA never performed an adverse impact analysis when determining to accept DIA’s proposed procurement into the Section 8(a) Program and the proposed procurement did not qualify for an exemption from that process … [and on that occasion] found that the forecasts [at issue there] clearly indicated that [a small business] classification was mandatory in order to receive the contract award.” Pl.’s Mem. at 25-26.

Supplycore Inc. v. United States

United States Court of Federal Claims · Jan 10, 2022

Specifically, SupplyCore argued that DLA’s Round 3 warning to PAE did not qualify under the requirement for meaningful discussions. … SupplyCore has not established that DLA’s award of the Zone 1 contract to Noble instead of SupplyCore meets this threshold.

Dtiole v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 30, 2018

D’Tiole) alleged that he suffered from narcolepsy and cataplexy as a result of receiving the Flumist immunization on December 13, 2011. I issued a Decision denying compensation, dated November 28, 2016. … 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

Faup v. Secretary of Health and Human Services

United States Court of Federal Claims · May 22, 2017

Furthermore, Respondent argued, Petitioner’s bone marrow biopsy does not qualify as an “inpatient hospitalization and surgical intervention” under § 11(c)(1). Id. at 5. … Altogether, these reasons establish a basis for an award of reasonable interim attorneys’ fees and costs.

Science and Technology Corporation v. United States

United States Court of Federal Claims · Feb 20, 2025

STC requests extraordinary relief and bears the burden to establish that such relief is warranted. … Indeed, in its proposal for the ASSESS award, Defendant-Intervenor stated that it “intends to retain 100% of qualified incumbent staff.” Id. (quoting Tab 21b at AR 1633).

Smith v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 17, 2024

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 exception; suffered the residual effects of her … The record clearly establishes that Petitioner’s pain was commensurate with her use of prednisone and that when this medication ran out, her pain returned.

Askan Holdings, Ltd. v. United States

United States Court of Federal Claims · May 12, 2022

Although the statute waives sovereign immunity, it does not create a substantive cause of action; a plaintiff must still “identify a separate source of substantive law that creates the right to money damages.” … Regardless of whether Plaintiff’s connection to the United States was voluntary, it was not sufficiently significant for Askan to establish standing.

Pearson v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 12, 2019

First, he notes that Petitioner has not clearly defined the nature of her vaccine injury. Opp. at 14–15. … See generally Ex. 19. 12 Bystander activation occurs when T lymphocytes are activated by a foreign antigen as a secondary effect, thus “resulting in a ‘nonspecific’ activation of those immune system cells in a disease

Rma Engineering S.A.R.L v. United States

United States Court of Federal Claims · Aug 29, 2018

To meet this burden at the pleading stage, the complaint must “clearly . . . allege facts demonstrating each element.” Spokeo, 136 S. Ct. at 1547 (internal correction and quotation marks omitted); see also McKinney v. … The item submitted does not qualify to be a critical path delay analysis and therefore was not analyzed as such.” Gov’t App’x at 168.

Jackson v. United States

United States Court of Federal Claims · Nov 20, 2017

new easement for a recreational trail and “railbanking” on their land. 1 In contrast, Defendant 1 “Railbanking” is a mechanism whereby railroads ceasing operations on particular lines would convey the lines to qualified … Although a public recreational trail could be described as a roadway for the transportation of persons, the nature of the usage is clearly different.

Fouch v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 16, 2016

Shoenfeld “fails to establish a reliable basis to support his causation theory that adjuvants found in vaccines cause ASIA syndrome and/or autoimmune disease.” Id. at 10. Dr. … McCurdy proposed that while “science is not yet advanced sufficiently to accurately determine individuals who will have an aberrant immune response to vaccines and adjuvants in certain vaccines,” the temporal relationship

Ross v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 10, 2021

He argued that petitioner failed to establish “the actual injury mechanism.” Id. Dr. … Further, experts from both parties agree that the record establishes that petitioner’s onset began within 48-hours of vaccination.

Miller v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 24, 2022

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 injury for more than … As I have previously observed, “the Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established.

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · May 9, 2017

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 … In McCulloch, Special Master Gowen found that it was reasonable to award $135 per hour to each paralegal who was “[a] well-qualified, carefully chosen college graduat[e]” with “several years at the firm doing exclusively

Squadroni v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 4, 2019

Oddis concluded that petitioner’s chronic musculoskeletal complaints and pain syndrome “clearly predated” the Tdap vaccination. Id. F. Dr. … The Court of Federal Claims affirmed the Special Master’s decision, finding that the petitioner failed to establish that the vaccine caused or significantly aggravated her psychological condition and only established a temporal

Adams v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 27, 2024

He also suggested a milk-free diet and hearing test, and requested S.D.’s immunization record. Id. at 76. He also considered intravenous immunoglobulin (“IVIG”) and steroids. Id. … Ex. 17 at 1. 6 The party’s joint submission does not clearly reflect a Table claim. See Joint Submission, filed Sept. 1, 2023 (ECF No. 96).

Cummings v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 26, 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 … Accordingly, I provided a brief bench ruling that petitioner had established preponderant evidence that she had received the Tdap vaccination in her right arm and that the onset of her right shoulder pain was within 48 hours

Talbert v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 18, 2024

To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of Althen by a preponderance of the evidence. See id. … Carr, clearly opined that the Tdap vaccine caused Petitioner’s symptoms. Specifically, Dr.

J. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2026

He would like to start using the pool, and has spoken to gym management about his adaptive needs to do so, but would need the assistance of a qualified aide. Id. … Curtis established in her testimony that a semi-electric bed will be covered by proposed insurance, and Petitioner did not otherwise establish that the specific model of bed requested would be the only

Warnock v. Secretary of Health and Human Services

United States Court of Federal Claims · May 20, 2026

Warnock’s pediatrician noted: After immunizations were given, I was at my computer station and heard what sounded like something being thrown against a wall. … Warnock reported to Primary Care Camden (“Camden”) as a new patient to establish care. Ex. 7 at 6.