Case law

Leming v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 17, 2022

(citing Ex. 10 at 8-9; Ex. 12 at 2). 4 And there otherwise is no evidence offered establishing immune dysregulation after the ITP had resolved, such that it could constitute some other form of ITP sequelae. … A vaccination scheduled was established. Id. at 26, 29. 5 The October 2021 lab results were not interpreted by Dr. Forbes as suggesting A.L. was at risk for ITP or immune dysfunction.

Berenji v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 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.

Grumman Data Systems Corp. v. United States

39 Cont. Cas. Fed. 76,550 · United States Court of Federal Claims · Aug 11, 1993

The waiver of sovereign immunity must be expressed unequivocally and cannot be implied. United States v. … Plaintiff concedes, however, that it does not qualify for recovery under EAJA.

Wolfchild v. United States

77 Fed. Cl. 22 · United States Court of Federal Claims · Apr 27, 2007

under 41 U.S.C. § 114 (b), (2) the communities’ actions are not shielded by their sovereign *27 immunity, given that they are acting as agents of the United States, (3) the communities’ sovereign immunity is barred because … ("Although established under Article I, the Claims Court traditionally has applied the case or controversy requirement unless jurisdiction conferred by Congress demands otherwise.”).

H.B. Mac, Inc. v. United States

41 Cont. Cas. Fed. 77,028 · United States Court of Federal Claims · Nov 25, 1996

Mac was not at any time a qualified SDB but only that “he had a lot of questions.” (R. 622.) Plaintiffs evidence convincingly establishes that all of H.B. … to qualify. .

Ahlum v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 11, 2018

Scurlock wrote, “With our current data that we have now, I cannot clearly implicate or not implicate the vaccine.” Id. Dr. Scurlock states, “Unfortunately we were unable to clearly identify an infectious etiology. … Whitton has not ever qualified to practice medicine in the United States because he wanted to do research. Id. at 464. Dr.

Rus v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 27, 2016

It may have caused her transient fever and seizure, but neither of those conditions had sufficient duration to qualify for a Program award. … In addition to acquiring immunity to hepatitis A as intended, Dr.

Pendleton v. United States

47 Fed. Cl. 480 · United States Court of Federal Claims · Aug 28, 2000

Because the site appeared to meet emergency criteria and to qualify for direct federal action, DAL referred the matter on that same day to the Department of the Interior’s OSM. … The United States is immune from suit unless it consents to be sued by waiving its sovereign immunity. See United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976); United States v.

Jain v. United States

United States Court of Federal Claims · Apr 21, 2026

Jain cannot establish any of these claims as a factual or legal matter. First, Mr. … Jain’s lack of promotion does not establish a breach of the Settlement Agreement by the Postal Service. Third, Mr.

Manuel v. United States

115 Fed. Cl. 105 · United States Court of Federal Claims · Mar 7, 2014

Manuel’s income level and absence of savings may qualify him for In forma pauperis status, as is discussed below, his complaint is dismissed for lack of jurisdiction in this court. … The court may dismiss claims that are “based on an indisputably meritless legal theory” and “claims whose factual contentions are clearly baseless.”

Doe v. Secretary of Department of Health & Human Services

94 Fed. Cl. 597 · United States Court of Federal Claims · Aug 30, 2010

Tornatore’s testimony, the first two rounds of petitioner’s Hepatitis B vaccine “primed” her immune system, and the third booster generated a “brisk immune response, but that immune response then spill[edj over.” … The “adju-vant,” the base of every vaccine in which the immune ingredient of the virus is incorporated into the recombinant material, “continuously and perpetually stimulates the immune system to produce immunoglobulin,”

Pelletier v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 2, 2022

Shapiro was unquestionably a knowledgeable, qualified expert with demonstrated understanding of the injury at issue and its context. … immune response.

Mason v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2022

Mason’s medical records clearly indicated that in 2013 and 2014, Mr. … Although both experts were qualified to opine on the nature and treatment of CIDP, Dr.

Sullivan v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 27, 2015

Classen, Clustering of Cases of Insulin Dependent Diabetes (IDDM) Occurring Three Years After Hemophilus Influenza B (HiB) Immunization Support Causal Relationship Between Immunization and IDDM, 35 Autoimmunity 247, 250-52 … temporal association, without more, is insufficient to establish causation.

Al-Uffi v. Secretary of Health and Human Services

United States Court of Federal Claims · May 3, 2017

Gorman missed the mark, given his clear expertise to offer opinions relevant to ARE; indeed, he was the most qualified expert to offer an opinion in this case (at least with respect to the disease at issue). … Secondary Immune Response Applying the above, I find that Petitioner has established a logical sequence of events between R.B.’s development of ARE and her receipt of the HPV vaccine.

Mission Critical Solutions v. United States

96 Fed. Cl. 657 · United States Court of Federal Claims · Mar 8, 2011

It allows federal agencies, in cooperation with the Small Business Administration, to establish small business set-asides “to aid small businesses located in economically disadvantaged or distressed areas.” … Allowing the “attempt to maintain” safe harbor to operate potentially indefinitely would clearly undermine Congressional intent and frustrate the purpose of the HUBZone program. Id.

Jewell v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 28, 2016

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. … McCusker identified several alternate extrinsic factors that qualify under Dr.

Contracting Consulting Engineering LLC v. United States

104 Fed. Cl. 36 · United States Court of Federal Claims · Mar 19, 2012

See AR 102 (providing that résumés must “clearly demonstrate” that the experience of both the proposed PM and DPM satisfies position qualifications stated in solicitation); AR 111 (requiring that technical proposal “clearly … However, the TEP’s strict adherence to the solicitation regarding the stated requirements that the offeror has established an account with the U.S.

Simmons v. United States

71 Fed. Cl. 188 · United States Court of Federal Claims · Apr 25, 2006

This statute is not subject to waiver or estoppel because it constitutes a limitation on Congress’s waiver of sovereign immunity. Hopland Band of Pomo Indians v. … Because it limits the waiver of sovereign immunity, the statute limits the jurisdiction of this Court. Hopland Band, 855 F.2d at 1576-77 .

Monzon v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 1, 2021

Wallace was an anamnestic immune response. Tr. at 69. … Nov. 6, 2015) (petitioner established that her immune system was predisposed to autoimmune diseases such as RA, and that the Tdap vaccine significantly 10 Consideration of prior determinations is a two-way street that