Case law

Actavis Laboratories, Fl, Inc. v. United States

United States Court of Federal Claims · Aug 19, 2022

The Mylan decision concluded § 271(e)(2) litigation expenses “seem clearly deductible” under Urquhart. Id. (citing Appeal of F. Meyer & Bro. … As established supra Section VI, patent infringement claims are property trespass claims sounding in tort. Schillinger, 155 U.S. at 169.

Tejeda v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 21, 2025

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. … Souayah proposed that CIDP results from a combination of antibody and cellular immunity dysregulation leading to destruction of the myelin sheath and secondary axonal loss. (Id. at 14-15.)

Prepejchal v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 5, 2018

Emphasizing the rarity and varied presentation of NS, he maintains that internists—such as himself—are well-qualified to assess NS and its comparability to DVT. Id. … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.

Tully v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 21, 2024

Petitioner did not state how 3 Petitioner’s motion should have clearly stated the amount of the Medicaid lien and provided complete payment instructions. … Entitlement I find that Petitioner has established by a preponderance of the evidence that all Table SIRVA and QAI requirements are established.

Mack v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 3, 2016

Further, petitioner did not submit a medical opinion supporting causation from any treating physician or other qualified expert. … Moreover, petitioner did not submit a medical opinion supporting causation from any treating physician or other qualified expert.

Otay Mesa Property L.P. v. United States

86 Fed. Cl. 774 · United States Court of Federal Claims · May 5, 2009

But see Boise Cascade Corp., 296 F.3d at 1356 (the brief entrance of Government surveyors on the plaintiff’s property over a five-month period did not qualify as a physical taking). … Beyond these admissions, the easements Plaintiffs executed with the Border Patrol establish their knowledge of the agency’s presence on their property. In 1984, Mr.

United Launch Services, LLC v. United States

United States Court of Federal Claims · Sep 12, 2018

It observed, however, that (as noted above) it had qualified its opinion with regard to the interplay of DSC and the Air Force’s acquisition strategy, and stated that this qualification “could affect FAR compliance.” … Motion for Summary Judgment The standards for granting summary judgment are well established.

Tecom, Inc. v. United States

86 Fed. Cl. 437 · United States Court of Federal Claims · Mar 25, 2009

Undisputed facts established “that labor hours far in excess of 355 were needed to make the inherited repairs.” Id. at 757 . … Accordingly, liability has been established and judgment is GRANTED to Tecom on Count I of its complaint.

Prati v. United States

81 Fed. Cl. 422 · United States Court of Federal Claims · Apr 16, 2008

Although it is binding on this Court, Prochorenko is clearly distinguishable and does not support the proposition for which it is cited. … With regard to an “at risk” determination, logic dictates that it is the individual partner who is the “taxpayer” to whom these “at risk” rules apply, since partnerships do not qualify as taxpayers for purposes of the Code

Kahler v. Secretary of Health and Human Services

United States Court of Federal Claims · May 1, 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 … Petitioner has therefore established this QAI criterion. 4.

Schandel v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 19, 2018

Both counsel agreed, but respondent’s counsel qualified her lack of objection as being given prior to the completion of respondent’s 4When referring to these attorneys, the individual attorney’s name will be used. … DeRosa, however, more clearly conveys this information. In that record, petitioner reported pain “since my flu shot.” Exhibit 3 at 18.

Makstell Secretary of Health and Human Services

United States Court of Federal Claims · Nov 2, 2018

That rate is in turn determined by the “forum rule,” which bases the award on rates paid to similarly qualified attorneys in the forum where the relevant court sits (Washington, D.C., for Vaccine Program cases). Id. … Reasonable Costs Just as they are required to establish the reasonableness of requested fees, petitioners must also demonstrate that requested litigation costs are reasonable. Perreira v.

22nd Century Technologies, Inc. v. United States

United States Court of Federal Claims · Aug 30, 2021

Offerors were instructed that “[e]ach quote shall clearly demonstrate that the Contractor understands both the general and specific technical requirements of the PWS [performance work statement].” AR 8. … enough details to provide the Government with confidence that the Contractor will ensure minimal disruption with operations, meet the requirements outlined in the BPA for Phase-In, and provide a qualified

Severino v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 26, 2020

Additionally, the medical records and the testimony establish that petitioner’s arm pain continued for more than six months. On November 16, 2015, petitioner emailed her primary care physician, Dr. … Yoffe, the primary reason being “Left upper arm pain,” and “Reaction to DTaP Immunization, sequela.” Id. at 155. Dr.

Sanchez v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 4, 2022

Steinman and concluded that although Trystan suffered from “developmental delay with associated imaging abnormalities,” there was “no evidence that his condition resulted from or was exacerbated by any of the immunizations … Steinman, a highly qualified neurologist, interpreted the medical records and doctor notes differently from the Court.” Pet’rs’ Reply at 4.

Williams v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 23, 2026

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. … Price persuasively testified that, because the underlying problem in autoimmune MG is the immune system, effective treatment often requires medications that address the underlying immune component in addition to symptomatic

May v. United States

United States Court of Federal Claims · Jul 13, 2022

He also fails to establish that any of the exceptions to the requirement for privity apply. … Therefore, any incidental benefit, if one exists at all, is insufficient to establish standing.

Metric Construction Co. v. United States

81 Fed. Cl. 804 · United States Court of Federal Claims · May 21, 2008

Cotton then applied these modified rates to establish the cost of facilities capital. … Contractors, Inc., 2002 WL 504788 (I.B.C.A.2002) (“[Fjully depreciated equipment is clearly entitled to reasonable ownership rental rate reimbursement.”).

O'Neill v. Secretary of Health and Human Services

United States Court of Federal Claims · May 20, 2015

information furnished by that party (1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly … That time will be compensated at fifty percent of the hourly rates established herein.

Dasilva v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 31, 2019

The Myositis Association as well as the National Institutes of Health categorize necrotizing myopathy as an immune-mediated condition. … On September 25, 2014, petitioner established care with a primary care provider also affiliated with Sanford Health in Dickinson, North Dakota.