Case law
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119 Fed. Cl. 641 · United States Court of Federal Claims · Dec 18, 2014
sovereign, is immune from suit save as it consents to be sued.” … Cl. 1972) (same). 8 The unjust conviction statute is clearly remedial in nature. Osborn v. United States, 322 F.2d 835, 839 (5th Cir. 1963) (quoting McClean v. United States, 73 F.
Cited 2 timesPublished75 Fed. Cl. 769 · United States Court of Federal Claims · Feb 9, 2007
The SBA determined that BCP was a qualified HUBZone SBC. Id. at 7. … EAJA Must be Strictly Construed “The EAJA is a waiver of sovereign immunity which must be strictly construed.” Levernier Constr., Inc. v.
Cited 1 timesPublishedCommonwealth of Puerto Rico v. United States
44 Fed. Cl. 618 · United States Court of Federal Claims · Aug 31, 1999
Once jurisdiction is challenged by the court or the opposing party, the plaintiff bears the burden of establishing jurisdiction. McNutt v. … Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 .
Cited 6 timesPublishedUnited States Court of Federal Claims · Nov 20, 2014
Maytal are such--are clearly much more qualified than other physicians to diagnose developmental delay in small children. (2-Tr. 144, 151-53, 203.) I also note that Dr. … Maytal are far more qualified than pediatricians to diagnose developmental delay. (2-Tr. 144, 151-53, 199-205.)
Cited 0 timesPublishedCianni v. Secretary of Health and Human Services
United States Court of Federal Claims · May 1, 2018
They contend that mercury and other components of the flu vaccine can cause immune activation and immune dysregulation, which can promote kidney failure and heart failure. Petitioner’s Exhibit (“Pet. … I noted that the doctors are likely not qualified to opine on that issue. See Order (ECF No. 38).
Cited 0 timesUnpublished120 Fed. Cl. 440 · United States Court of Federal Claims · Mar 9, 2015
"The United States, as sovereign, is immune from suit save as it consents to be sued." United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity "cannot be implied but must be unequivocally expressed." … Cl. 1979) ("Clearly [conspiracy] claims sounds in tort, and we have no jurisdiction to hear such claims."); see also 28 U.S.C. § 1491(a)(l) (excluding claims sounding in tort from the jurisdiction of the Court of Federal
Cited 3 timesPublishedMartinez v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 4, 2022
Moy maintained, there was no literature offered in this case establishing how immune cells can get into the CNS in the absence of an actual “break” in the blood-brain barrier. Tr. at 473, 475-76, 518. … I also determined that the Palattao petitioners had failed to establish that TM could be mediated by a cytokine-driven process occurring a part of the initial, innate immune response. Id. at *36.
Cited 0 timesPublishedDoles v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 3, 2023
Steel explained that immune mediated demyelinating disorders exist on a spectrum, and that all of them involve activation of the immune system causing attacks on one or more components of myelin. Second Steel Rep. at 2. … Accordingly, Petitioner’s episode of CIS that she experienced in June of 2016 qualified her for an MS diagnosis because she had non-enhancing lesions in the brain (described by Dr.
Cited 0 timesPublishedNebraska Public Power District v. United States
73 Fed. Cl. 650 · United States Court of Federal Claims · Oct 31, 2006
sovereign immunity. … And the same is true of the mandamus itself, which clearly provided a contract remedy, i.e., injunctive relief, beyond that provided by the Tucker Act. .
Cited 6 timesPublishedMcGill v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 5, 2023
In Swaiss, the special master concluded, based on evidence not included within this record, that petitioner had established that a form of immune-mediated SFN could be said to represent a “small fiber GBS variant.” … Conclusion Petitioner has clearly suffered and she has my sympathy.
Cited 0 timesPublishedRupert v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 25, 2014
The cause of GBS has not been definitively established. See Pet’r’s Ex. 1110 at 4. … Petitioner cannot establish entitlement to compensation based solely on his assertions.
Cited 0 timesPublishedParmer v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 19, 2021
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 … (case reports are “hypothesis-generating”), 147 (case reports do not have “a high level of evidence that that is truly causal”), 151 (case reports show “a potential that we then need to further study in order to define clearly
Cited 0 timesPublishedHoward v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 4, 2022
Sheikh, who clearly possesses deep understanding of demyelinating diseases. Id. at *17. … Both experts were well-qualified to offer the opinions they did—indeed, on the specific injury in question, Dr.
Cited 0 timesPublishedSarah Toor v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 3, 2013
Exhibit 18 is a one-page document entitled “Immunization Record.” … In any event, the immunization record submitted, Exhibit 18, includes most of the information that Section 25 of the Vaccine Act requires.
Cited 0 timesPublishedCoast Federal Bank, FSB v. United States
48 Fed. Cl. 402 · United States Court of Federal Claims · Dec 28, 2000
Shaw, 478 U.S. 310, 314 , 106 S.Ct. 2957 , 92 L.Ed.2d 250 (1986) (“In the absence of express congressional consent to the award of interest separate from a general waiver of immunity to suit, the United States is immune from … Moreover, the decision in Lynch turned on statutory interpretation and the doctrine of sovereign immunity rather than takings law.
Reversed on other grounds by Coast Federal Bank, Fsb v. United States, 309 F.3d 1353 (2002)Cited 33 timesPublishedOliver v. Secretary of Health and Human Services
133 Fed. Cl. 341 · United States Court of Federal Claims · Jul 14, 2017
Shafrir opined that “the occurrence of a single seizure, which here, was clearly induced by vaccination, make[s] the brain more prone to seizures from other causes.” Id. at 8. Thus, Dr. … Shafrir proposed a second mechanism “based on an immune-mediated response to the DTaP vaccination.” Dec. at *13. Citing a number of studies, Dr.
Cited 19 timesPublishedMorris v. Secretary of the Department of Health & Human Services
57 Fed. Cl. 383 · United States Court of Federal Claims · Jun 27, 2003
Tr. at 201-02 (“[T]he purpose of oral polio ... is the fact that you get mucosal immunity as well as circulating immunity.... There will ... be the change in mucosal immunity to prevent the uptake. … The Special Master stated clearly that her decision would not consider the possibility of myelomingocele as cause of Taylor’s condition.
Cited 5 timesPublishedUnited States Court of Federal Claims · Mar 20, 2018
He contended that he did not have the medical evidence he needed at the time of his separation to establish that he should have been retired for disability. … "The United States, as sovereign, is immune from suit save as it consents to be sued." United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity "cannot be implied but must be unequivocally expressed."
Cited 0 timesPublishedProkopeas v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 18, 2019
physician to establish a causal relationship. … He was diagnosed a well child and received his immunizations. Ex. 10 at 14.
Cited 0 timesPublishedDeshler v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 5, 2020
In particular, inclusion of the diphtheria conjugate helps stimulate a more effective immune response in the immature immune systems possessed by children or the weakened, less robust immune systems of the elderly, as well … Souayah’s expertise in elucidating the diagnostic criteria of GBS did not make him qualified to opine on the immunologic issues. Petitioner’s second expert, Dr.
Cited 0 timesPublished
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