Case law

Ramsay v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 8, 2016

McCabe … is qualified to address such an issue.” See Order, filed March 30, 2012, at 1. … 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.

Althen v. Secretary of Department of Health & Human Services

58 Fed. Cl. 270 · United States Court of Federal Claims · Sep 30, 2003

However, this is not definitive and one cannot clearly evaluate the possibility of edema.” (P.Ex. 18 at 109). … Rev. 394 , 396 (Spring 1986) (observing "even [special] masters with clearly limited mandates seem pressured or tempted to gravitate into larger spheres.

Hirmiz v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 17, 2014

Here, as described in Sections VIII(B) and (C) above, Petitioners seem to rely on “immune dysfunction” and “challenge-rechallenge” theories to establish that influenza vaccinations are capable of causing a neurological condition … Therefore, Petitioners plainly have failed to establish Prong 1 of Althen in this case. D. Petitioners have failed to establish Prong 2 of Althen.

Mora v. United States

59 Fed. Cl. 234 · United States Court of Federal Claims · Dec 23, 2003

Mora, the plaintiff in that case could not establish his burden that the government had waived its sovereign immunity under the Act. … Therefore, plaintiff has not met his burden of establishing a waiver of the government’s sovereign immunity.

McGowan v. Secretary of Department of Health & Human Services

31 Fed. Cl. 734 · United States Court of Federal Claims · Aug 4, 1994

. § 300aa-ll(c)(l)(B)(i)(III) (1988), to establish jurisdiction under the Vaccine Act in respect of an injured person who has returned to the United States no later than six months after vaccination. … In keeping with the doctrine of limited waiver of sovereign immunity, the court cannot embellish the six-month requirement.

First Federal Savings & Loan Ass'n v. United States

88 Fed. Cl. 572 · United States Court of Federal Claims · Aug 6, 2009

Plaintiffs motion clearly indicated its understanding that defendant did not oppose an extension of time for filing any of the papers due January 26 and 27. … In addition, plaintiff clearly relied on the corresponding order issued by the Court.

Stinson, Lyons & Bustamante, P.A. v. United States

33 Fed. Cl. 474 · United States Court of Federal Claims · May 8, 1995

It is well established, therefore, that such a substantive right to a payment of money from the government must be made with specificity and arise from either (1) an express or implied contract with the United States, (2) … Accordingly, the district court’s conclusion that Stinson does not qualify as an “original source” was clearly necessary for, rather than incidental to, the court’s judgment.

Fullard v. United States

78 Fed. Cl. 294 · United States Court of Federal Claims · Aug 31, 2007

The Sherman Act and the Civil Rights Act Plaintiffs Complaint does not indicate clearly his theory for relief against defendant. … Plaintiff qualifies as a prisoner under Section 1915A. 13 Plaintiffs Complaint meets both grounds for dismissal under Section 1915A. First, plaintiffs Complaint is frivolous.

Rotoli v. Secretary of Health & Human Services

89 Fed. Cl. 71 · United States Court of Federal Claims · Sep 2, 2009

Bellanti was a highly qualified expert witness whose extensive credentials are not in dispute. At the time of the hearings in this ease, Dr. … highly qualified expert such as Dr.

National Medical Enterprises, Inc. v. United States

28 Fed. Cl. 540 · United States Court of Federal Claims · Jun 9, 1993

As a public not-for-profit entity, the Authority qualified as an eligible entity under the Hill-Burton Act for financial assistance. … In applying this statutory provision, the Court of Claims established the standard of whether transfer of a case to a district court would further the “interest of justice.” Moss v.

Loving v. Secretary of the Department of Health & Human Services

86 Fed. Cl. 135 · United States Court of Federal Claims · Mar 4, 2009

In his view, both were qualified and credible witnesses. As the special master observed, “[b]oth parties’ presentations were strong.” Id. at * 10 . … Shuman explained, all DTaP vaccines “clearly state that seizure[s] are a contraindication.”

Snyder v. Secretary of Health & Human Services

102 Fed. Cl. 305 · United States Court of Federal Claims · Nov 28, 2011

Raymond, who the Special Master considered to be “the most qualified expert to express an opinion.” Id. at *14. … Wiznitzer was not better qualified to interpret the NCES study than Dr. Kinsbourne. Id.

New York and Presbyterian Hospital v. United States

128 Fed. Cl. 363 · United States Court of Federal Claims · Sep 19, 2016

According to the government, section 3102(b) is an immunity provision. … provision and not money-mandating, the statute must be interpreted in a manner that does not waive sovereign immunity because waivers of sovereign immunity must be strictly construed.

Shaw v. United States

131 Fed. Cl. 181 · United States Court of Federal Claims · Mar 31, 2017

“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). A waiver of immunity “cannot be implied but must be unequivocally expressed.” … By comparison, avers the United States, any obligation it assumes is clearly articulated. Id. at 3.

North Hartland, L.L.C. v. United States

78 Fed. Cl. 172 · United States Court of Federal Claims · Aug 27, 2007

“It long has been established, of course, that the United States, as sovereign, ‘is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction … Plaintiff argues that because defendant’s motion does not “qualify] as a true motion challenging jurisdiction, [it] cannot go beyond the facts pleaded in the Complaint.” Id. at 2.

Heinzelman v. Secretary of Health & Human Services

98 Fed. Cl. 808 · United States Court of Federal Claims · Jun 24, 2011

Lastly, Respondent argues that since the Vaccine Act is a waiver of sovereign immunity and “loss of earnings” and “Federal ... health benefits program” are both ambiguous terms, then principles of sovereign immunity require … Respondent also argues that waivers of sovereign immunity, like the Vaccine Act, must be narrowly construed and that courts "must resolve textual ambiguity in a statutory waiver in favor of immunity." Zoltek Corp. v.

Cohen v. United States

98 Fed. Cl. 156 · United States Court of Federal Claims · Apr 14, 2011

U.S.C. § 501 (b) [ (2006) ], he fails to qualify as a ‘copyright owner’ under 28 U.S.C. § 1498 (b).” … Cohen qualified as a beneficial owner under 17 U.S.C. § 501 (b).” Def.’s Mot. 6. Defendant admits that “Dr.

Whitney v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 28, 2015

Whitney “clearly feels very strongly at this point against resuming them now, though she did seem to leave the door open for his receiving his immunizations at some point in the future.”9 Id. at 325-26. … See 42 U.S.C. § 300aa– 13(a)(1). 16 qualified doctor who disagreed with the proposition that the vaccinations caused S.W.’s transverse myelitis.

Keith and Beverly Langland, on Behalf of Their Daughter, M.L.] v. Secretary of Helath and Human Services

109 Fed. Cl. 421 · United States Court of Federal Claims · Feb 26, 2013

Frick qualified to testify; and that when respondent’s counsel chose to forego voir dire of Dr. Frick, the government waived all objections based on Dr. Frick’s competence --- including those based on Daubert. … See Tr. at 31-32. 16 Another record, quoted but not highlighted by petitioners, see Pet’rs’ Mot. at 3, is clearly of the same ilk. See Pet’rs’ Ex. 4 at 16-17 (record from Dr.

Brooks v. United States

70 Fed. Cl. 479 · United States Court of Federal Claims · Feb 28, 2006

To be eligible for retired pay for non-regular service, a member must complete a *482 minimum of 20 years of qualifying service and serve the last eight years of qualifying service ... as a member of a Reserve component. … Having been advised by the ABCMR that only a special act of Congress could establish his eligibility to receive retired pay, plaintiff wrote Senator Barbara Boxer in March 2000.