Case law

Williford v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 16, 2025

Petitioner also established care with a new cardiologist on December 20, 2018. She reported her prior cardiac history and testing. Pet. Ex. 14 at 4. … Legal Standard for Fact Finding Petitioner bears the burden of establishing her claims by a preponderance of the evidence. § 13(a)(1).

Limonta v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 24, 2025

Petitioner’s Submission In her Motion for Ruling on the severity requirement, petitioner claims that “[e]vidence of record clearly establishes that Petitioner suffered the required residual effects and complications … revealed [that the child] had no lingering symptoms or recurrence of thrombocytopenic purpura[;]” and because “there [was] no showing or argument that [the testing] was detrimental to [the child’s] health such that it might qualify

Como v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 23, 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 … Weimer thought that petitioner may have had a mild case of aseptic meningitis and limited immune reaction but he was very doubtful of an active or ongoing process. Id.

Weyland-Taylor v. Secretary of Health and Human Services

United States Court of Federal Claims · May 24, 2019

Ex. 1 was a screen shot of petitioner’s immunization record showing that petitioner received a flu vaccine on October 14, 2013. Pet. Ex. 1 at 1. Pet. … In his Response, respondent submitted, “Here, petitioner failed to establish a reasonable basis for her claim, and thus is legally precluded from receiving even a discretionary award of fees and costs.” Response at 5.

Pond Security Service Gmbh v. United States

United States Court of Federal Claims · Jun 16, 2021

We knew that they were not going to – we could not meet the traffic flow standards as established in their memo, so -- and I told them at the time and they knew that at the time. … Pond Security has clearly demonstrated its capability to understand and to rapidly respond to USAREUR’s changing organization, missions, and geography. Def.’s Mot.

Webb v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 7, 2021

The Secretary maintained that “[pJetitioner’s entire case rests upon his own assertions, which are contradicted by the medical records and not supported by a qualified medical expert.” See Suppl. Rep. at 4. … The Special Master’s decision clearly shows that he considered all the evidence that Mr.

Sullivan v. United States

United States Court of Federal Claims · Apr 21, 2022

Because the Tucker Act only waives sovereign immunity and does not itself create substantive rights, a plaintiff must identify a separate source of law that can be fairly interpreted as creating a right to money damages. … His Response clarifies that “these items are factual matter [sic] that demonstrate procedural defects,” but fails to clearly outline the exact procedural violations alleged in the Complaint.

Brannigan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 14, 2016

Respondent stated that interim fees and costs were not warranted in the case, at this juncture; that petitioner has not established a reasonable basis to pursue this petition for the entirety of the time period in which the … The reasonable hourly rate is determined by the “prevailing market rate” in the relevant forum, ie, rates paid to similarly qualified attorneys in the forum where the relevant court sits (Washington D.C. for Vaccine Program

Lepore v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 7, 2017

Further in the Order of August 7, 2017, the undersigned answered petitioner's question why the undersigned does not consider his medical records clearly supportive of his allegations. … That means he does not qualify for the Table injury of SIRVA for which causation is presumed since that Table injury requires onset within 48 hours of the vaccination.

Moody v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 24, 2014

The petition alleges that VEM received a measles, mumps, rubella (“MMR”) and varicella vaccines on April 1, 2010, and suffered “febrile status epilepticus after immunizations with subsequent decline, and now with intractable … 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

Sam Rayburn Municipal Power Agency v. United States

United States Court of Federal Claims · Oct 19, 2021

None of these qualifies for the exception clause.” Tr. at 83:1–25 (citing Am. Compl. at 10–11). Plaintiff is applying the negative implication canon, a tool of contract interpretation this court has employed many times. … The Court must next consider whether plaintiff sufficiently established all elements of its cause of action. Boaz, 994 F.3d at 1371.

Filler v. United States

United States Court of Federal Claims · Nov 9, 2020

Filler has not, and cannot, establish standing. … See, e.g., Mot. for Recons. at 3 (“The expired irrelevant agreement upon which the Court clearly based its ruling is the [29 Dec. License]”); id.

Goldman v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 25, 2020

Respondent highlights the previous determination that petitioner was unable to work and qualified for SSD payments on account of her prior fibromyalgia, headaches, and insomnia. Id. … However, the petitioner carries the burden of proof to establish his or her pain and suffering.

Mvl USA, Inc. v. United States

United States Court of Federal Claims · Jan 21, 2025

In reply, plaintiffs argue the PLA requirements cannot qualify as mere performance specifications because the PLA requirements apply on a class-wide basis and exclude from competition all contractors unable or unwilling to … You know, there is not a specific reference to PLAs, I suppose, but still, FPASA clearly talks about . . . the ability to set specifications of contracts.

Csi Aviation, Inc. v. United States

United States Court of Federal Claims · Jul 30, 2018

But, while success upon the merits is necessary, it is not sufficient alone for a plaintiff to establish that it is entitled to injunctive relief. See Contracting, Consulting, Eng’g L.L.C. v. United States, 104 Fed. … But, a review of the record evidence shows that CAC clearly states in its quote that [***] would provide CAC with technical support in connection with the Charter Flight Contract.

Iap Worldwide Services, Inc. v. United States

United States Court of Federal Claims · Feb 15, 2019

“Manifest,” as in “manifest injustice,” is “understood as clearly apparent or obvious.” Cyios Corp. v. United States, 124 Fed. Cl. 107, 113 (2015) (internal quotation marks omitted); see also Lee v. … In sum, it is logical and well established that, “a motion for reconsideration ‘should not be based on evidence that was readily available at the time the motion was heard.’” Johnson v. United States, 127 Fed.