Case law

Pless v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 19, 2017

masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly … 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

Myers v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 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 … Myers, reporting that M.M. had a "history of severe vaccine reactions," and that specialists had expressed concerns about immune-mediated syndromes, mitochondrial dysfunction, or other metabolic disorders. Id. at 532.

Chapman Law Firm, LPA v. United States

113 Fed. Cl. 555 · United States Court of Federal Claims · Nov 25, 2013

I clearly shared that with you on January 25th, on questionable BMI data. Seven days later, I find all documents I review on the EMS (including previously viewed) have a creation date of 1/1/2000. … According to plaintiff, a general inspection or appraisal of a property qualified as a “termite and WDO inspection” under Section 5.3.9 of the parties’ contract.

Crespo v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 3, 2018

masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly … The Act defined “legal representative” as “a parent or an individual who qualifies as a legal guardian under State law.” 42 U.S.C. § 300aa-33(2).

Scarselli v. United States

United States Court of Federal Claims · Apr 3, 2020

In reviewing the determinations of a military corrections board, a plaintiff must demonstrate “by cogent and clearly convincing evidence,” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed. … The BCNR explained that Scarselli was “represented by two qualified attorneys and neither sought clarification from the convening authority nor objected before the BOI to the allegedly inadequate notice.

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.

ANAHEIM GARDENS v. United States

United States Court of Federal Claims · Sep 5, 2025

While Cienega X clearly found a difference between the two, it did so without analysis. The later decision in CCA Associates did not bifurcate the “primary” or “but for” phrases, nor did it analyze them separately. … If the CCA Associates Court had intended for there to be multiple reasonable investment-backed expectations weighted the same, it presumably would have used “a” instead of “the” to qualify the “but for” reason. Id.

Atnip v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 15, 2016

Atnip’s ability to meet her burden of proof in establishing causation. … Certainly Petitioner has not established that experts could not have been contacted sooner.

Wagner v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 23, 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 … Eiken’s letter, noting that he made clear that he relied only on Petitioner’s self-reported history of GBS, and argues further that a chiropractor would not be qualified to determine whether Petitioner’s symptoms were attributable

Hanna v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 9, 2021

May 6, 1991)(stating with regard to § 300aa-13(a)(1) that “it seems obvious then that not all elements must be established by medical evidence” and that “vaccination is an event that in ordinary litigation could be established … Absent proper handling and authentication, amendments to records clearly will not be credible.

Kincaid v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 21, 2026

However, that entry bears a striking resemblance to the entry found in the medical record from the previous visit (on August 13, 2018) when a steroid injection was clearly administered. … 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.

Loveridge v. United States

United States Court of Federal Claims · Aug 13, 2018

Under either procedure, the STB will not approve the abandonment of the railroad line under either procedure if a “qualified trail provider” (“a state, political subdivision, or qualified private organization”) submits … App. 1976) These express provisions establish the original parties’ intent to convey an easement.

Honeywell International Inc. v. United States

United States Court of Federal Claims · Feb 25, 2019

The NRC’s assessment of fees for services to individual entities is guided by the principles set forth in Office of Management and Budget (“OMB”) Circular A-25, which “establishes Federal policy regarding fees assessed for … The Confirmatory Order that the NRC issued to Honeywell is clearly an “enforcement” order or sanction” under the Manual.

K.L v. Secretary of Health and Human Services

United States Court of Federal Claims · May 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 in which the relevant court sits (Washington, DC); except where an attorney’s work

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 10, 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 … 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).

Gmuer v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 19, 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 … For the reasons stated below, I find that Petitioner has not established that there was a reasonable basis for her claim.

Alcantara v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 18, 2022

Stark for ten months does not establish that his symptoms had resolved. Reply at 4. … Respondent argued that Petitioner did not establish that the symptoms he reported in late 2021 were vaccine-related. Tr. at 13.

C v. Secretary of Health and Human Services

United States Court of Federal Claims · May 28, 2021

Respondent noted that Petitioner had at least “four medical assessments between her immunization . . . and when she first reported right shoulder pain[.]” Id. at 6. … Id. 5 An adenoma is “a benign epithelial tumor in which the cells form recognizable glandular structures or in which the cells are clearly derived from glandular epithelium.”

Morris v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 26, 2024

Respondent in the Rule 4(c) report argues that petitioner has not established that she suffered GBS. Resp. Rept. at 4. … Accordingly, I find that the evidence preponderantly establishes that petitioner’s GBS began on or around April 27, 2015.

Wright v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 6, 2019

Petitioner alleged that the measles-mumps-rubella (“MMR”) vaccine B.W. received on March 28, 2014, caused him to develop immune thrombocytopenic purpura (“ITP”). … 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