Case law

North v. United States

123 Fed. Cl. 457 · United States Court of Federal Claims · Oct 9, 2015

Second, defendant notes that the government’s answer clearly references PMI 338-1, although this pay policy is not identified as an affirmative defense. … Congress carefully provided a procedure enabling the Department to employ highly qualified personnel to discharge the mission of OCR and pay those highly qualified personnel commensurate

Miller v. United States

29 Fed. Cl. 107 · United States Court of Federal Claims · Aug 13, 1993

Another sign that there was only one 1987 promotion board is that the precept which convened the December session clearly directed the board to select for promotion only those officers who were best qualified of all those … Under 37 U.S.C. § 204 , active duty personnel are entitled to basic pay. 10 U.S.C. § 1552 establishes the BCMR and defines its powers.

Energy Capital Corp. v. United States

45 Fed. Cl. 481 · United States Court of Federal Claims · Jan 11, 2000

Clearly, the accountant has knowledge of extraordinary importance to the attorney’s investigation of the tax matter. … Not every independent contractor qualifies for this special protection as the authorities such as Bieter and the law review article by Dean Sexton make clear.

Taylor v. United States

73 Fed. Cl. 532 · United States Court of Federal Claims · Oct 13, 2006

These claims for damages arise clearly from allegations of discrimination. … Assuming, for the sake of argument, that 28 U.S.C. § 2501 can be equitably tolled in this case, plaintiff would not qualify for such relief.

Newport News Shipbuilding & Dry Dock Co. v. United States

57 Fed. Cl. 734 · United States Court of Federal Claims · Sep 10, 2003

The United States, as sovereign, is immune from suit unless Congress specifically waives this immunity. See United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976); Soriano v. … The government cited no basis for this assertion, while Newport News’ evidence showed that it clearly is not true.

Pafford ex rel. Pafford v. Secretary of Department of Health & Human Services

64 Fed. Cl. 19 · United States Court of Federal Claims · Jan 25, 2005

The MMR immunization is the standard vaccine given to prevent measles, mumps and rubella (German measles). Id. . … Once a Table injury had been established, therefore, the burden of proof for the § 300aa-13(a)(l)(B) analysis clearly, and properly, shifted to respondent. See McClendon, 24 Cl.Ct. at 336-37 .

Kentucky v. United States

62 Fed. Cl. 445 · United States Court of Federal Claims · Oct 13, 2004

This need to establish jurisdiction at its root stems from a cornerstone of our jurisprudence, the doctrine of sovereign immunity. See United States v. … But where Congress has not clearly required exhaustion, sound judicial discretion governs.

Murakami v. United States

52 Fed. Cl. 232 · United States Court of Federal Claims · Apr 4, 2002

Murakami parents were not “excluded by law” at the time of his birth, he does not qualify for redress. … Higashi was bom after the cut-off date and does not qualify as an ‘eligible individual’ unless her eligibility can be established on specific grounds.” Hi-gashi at 1347 (emphasis added).

Barksdale v. United States

United States Court of Federal Claims · Nov 20, 2024

Similarly, it is well-established that this Court is not a forum for all “federal 1 See U.S. Court of Federal Claims: The People’s Court, THE FED. … Cir. 2002) (“The Court of Federal Claims is not a district court of the United States.”). 6 Not only does Plaintiff bring claims under the FTCA, but his claims clearly sound in tort.

Berenji v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 24, 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 … I do not see any reference to whether any immune stimulus can be enough to trigger the failure of the regulatory immune system.

Kalajdzic v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 12, 2022

immune tolerance,” or what role the innate, immediate immune response plays in an autoimmune disease. … At most, A.K.’s initial presentation was “non-specific,” but he later began to display symptoms clearly reflective of narcolepsy, which diagnostic testing supported. Id. Dr.

Whitehead v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 25, 2021

Whitehead provided the following history: [He] was behind on his vaccine/immunizations and one week ago [he] had multiple vaccines to help catch him up on his immunization. … First, and most importantly, the record clearly establishes that K.J.’s post-vaccination symptoms manifested outside the 5-15 day timeframe.

Nifakos v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 12, 2021

Credibility of the Experts I will note at the outset that while all of the experts were qualified to testify in this proceeding, I found Dr. … These impressive qualifications render him especially qualified to opine on the issues germane to this case.

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

28 Fed. Cl. 716 · United States Court of Federal Claims · Jul 30, 1993

Alternatively, to obtain compensation for an off-Table injury, petitioner must establish causation-in-fact in order to establish a prima facie case. Ultimo v. Secretary of HHS, 28 Fed.Cl. 148, 150 (1993). … Sperry stated that “the history suggests the temporal relationship between DPT immunization and onset of seizures and encephalopathy.” However, temporal association is not sufficient to prove causation-in-fact.

H.L. Ex Rel. A.I. v. Secretary of Health & Human Services

129 Fed. Cl. 165 · United States Court of Federal Claims · Sep 29, 2016

Kingsley et al., Immunizations for Patients with Metabolic Disorders, 118 PEDIATRICS 460–70 (2006)) Therefore, the Special Master found Dr. … In this case, however, the Special Master established that “unlike the appellate posture presented in Paluck, [here, the Government] clearly is vigorously contesting Petitioner’s ‘general causation’ theory.” 3/17/16 Dec.

Lasnetski v. Secretary of Health and Human Services

128 Fed. Cl. 242 · United States Court of Federal Claims · Sep 9, 2016

The vaccine, administered in three doses, contains virus-like particles created from an HPV protein, as well as an adjuvant, which assists in generating a robust immune response to promote long-term immunity.” Koehn v. … “‘Clearly it is not then the role of this court to reweigh the factual evidence, or to assess whether the special master correctly evaluated the evidence.

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

40 Fed. Cl. 298 · United States Court of Federal Claims · Jan 22, 1998

For encephalopathy, the qualifying time period for the first symptom or manifestation of onset or significant aggravation is three days. … and thus clearly was at risk to have motor and cognitive impairment of the degree that he does. .

Porch v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 3, 2023

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 … 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.

Madan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 12, 2023

immune-mediated disorder.” … “Generally waving the wand of molecular mimicry over the interaction between vaccines and brachial neuritis is clearly not sufficient.” Id. 42 M. B. A.

Kitt v. United States

47 Fed. Cl. 821 · United States Court of Federal Claims · Oct 6, 2000

The Roth IRA’s legislative history clearly states that Congress did intend to exclude from gross income non-qualified Roth IRA distributions (to the extent attributable to contributions to the Roth IRA) but did not intend … When plaintiffs established their traditional IRA in the fall of 1997, their expectation must have been that any non-qualified withdrawals would be subject to the 10-percent tax, unless they planned to make a conversion rollover