Case law
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Lombardo v. Secretary of Health & Human Services
34 Fed. Cl. 21 · United States Court of Federal Claims · Jul 31, 1995
Vaccine and Immunization Amendments of 1990, Pub.L.No. 101-502, § 5(e), 104 Stat. 1285 , 1287. … Vaccine and Immunization Amendments of 1990, Pub.L.No. 101-502, § 5(e), 104 Stat. 1285 , 1287. .
Cited 11 timesPublishedDuncan v. Secretary of Health and Human Services
United States Court of Federal Claims · May 4, 2021
In addition, the Special Master found that, although qualified to opine on issues of chronic pediatric pain, Dr. … Because the Special Master “clearly articulated why he declined to afford significant weight” to Dr.
Cited 0 timesPublished91 Fed. Cl. 23 · United States Court of Federal Claims · Jan 5, 2010
United States, 423 F.3d 1318, 1320 (Fed.Cir.2005) (“As a general rule, the United States is immune from claims seeking an award of interest.... … Gluck stated that: “Assessing permanent disability is the domain of a doctor who is qualified in the field. And there is no doctor in this case, based on the records that I’ve seen, who has said that Mrs.
Cited 2 timesPublishedJicarilla Apache Nation v. United States
100 Fed. Cl. 726 · United States Court of Federal Claims · Aug 18, 2011
See Jicarilla, 131 S.Ct. at 2325 (“we have found that particular ‘statutes and regulations ... clearly establish fiduciary obligations of the Government’ in some areas”) (citing Mitchell II, 463 U.S. at 226 , 103 S.Ct. *738 … That is not the way that waivers of sovereign immunity work. Orlando Food Corp. v.
Cited 8 timesPublishedF. v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 7, 2022
Whitton stresses that the safety of alum has been well established over a 90-year period of use and that the innate immune response to an adjuvant is very short lived, terminating within hours to days. (Ex. J, p. 10.) … Shoenfeld has not established how that could be related to his theory of causation. An arthus reaction is mediated by antibodies of the adaptive immune response whereas Dr.
Cited 0 timesPublishedEamick v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 12, 2018
Eamick has established his prima facie case under Althen, the Secretary may still establish by preponderant evidence that his GBS is due to factors unrelated to the vaccinations, thus precluding compensation. … Clearly, there is more to the story. In this way, the absence of an alternate host factor that may have induced the onset of GBS in Mr. Eamick’s case actually weighs in petitioner’s favor. V.
Cited 0 timesPublished105 Fed. Cl. 733 · United States Court of Federal Claims · Jun 27, 2012
Zaidel’s willful posting of Plaintiffs works on the FEMA website clearly calls for increased statutory damages.”). In Leesona Corp. v. … Shinseki 589 F.3d 1201, 1215-16 (Fed.Cir.2009) (“The ‘re-enactment rule’ delineated in Lorillard does not establish congressional acquiescence in all situations.”) (citing Coke v.
Cited 2 timesPublishedAllstar Mayflower, LLC v. United States
93 Fed. Cl. 169 · United States Court of Federal Claims · Jun 10, 2010
The affirmative language of the ICA, and Inter-Coastal, clearly establishes that the ICA is the sole statutory authority governing jurisdiction in this Court for all charges or payments of money owed under a transportation … Thus, the “bright-line rule” established in Inter-Coastal makes it clear that the ICA governs Plaintiffs’ claims for charges incurred under the IW05 and DW05 procurements.
Cited 1 timesPublishedR.K. Ex Rel. A.K. v. Secretary of the Department of Health & Human Services
125 Fed. Cl. 57 · United States Court of Federal Claims · Feb 12, 2016
Megson also was more qualified than Dr. … To find an abuse of discretion, the court must determine that the Special Master’s decision was “(1) . . . clearly unreasonable, arbitrary, or fanciful; (2) . . . based on an erroneous conclusion of the law; (3) . . . clearly
Cited 38 timesPublishedAustin v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 3, 2018
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 … , a petitioner must prove either: (1) that he suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – 21 Petitioner’s Reply also repeats her earlier arguments that K.A.’s medical record clearly
Cited 0 timesPublishedCNG Transmission Management Veba v. United States
84 Fed. Cl. 327 · United States Court of Federal Claims · Oct 21, 2008
The question presented is whether the statute clearly supports one position or the other, or is ambiguous on this issue. As both parties agree, the crucial statutory phrase is “result in.” … For the first time at oral argument, plaintiff suggested that § 1.512(a)-5T may be “clearly invalid.” Tr. at 34. This argument is untimely and waived. See supra note 2.
Cited 13 timesPublishedMohamad v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 10, 2022
Halsey was qualified to opine about the Secretary’s process because, in part, of his earlier work as a member of the Advisory Committee on Immunization Practices (“ACIP”). … Services to appoint members to an advisory committee on immunization practices.
Cited 0 timesPublished48 Fed. Cl. 851 · United States Court of Federal Claims · Mar 20, 2001
Court of Appeals for the Federal Circuit has clearly stated, “[a] grant of benefits and subsequent oversight by HUD is insufficient to establish a contractual relationship between [plaintiff developer] and the government. … Furthermore, the assignment document itself clearly spells this out.
Cited 100 timesPublished81 Fed. Cl. 369 · United States Court of Federal Claims · Apr 7, 2008
The Board stated that an applicant must meet the constructive service *372 doctrine in order to qualify for back pay. … waives its sovereign immunity.
Cited 9 timesPublishedNational Micrographics Systems, Inc. v. United States
41 Cont. Cas. Fed. 77,140 · United States Court of Federal Claims · May 30, 1997
In addition to these basic contract elements, plaintiff must also establish that the officer whose conduct gave rise to the contract had actual authority to bind the United States. … Clearly, the subcontractors’ liens in Armstrong were only enforceable because those liens arose before the United States took title to the property, that is, while title rested with the prime contractor.
Cited 4 timesPublished84 Fed. Cl. 66 · United States Court of Federal Claims · May 6, 2008
“If a statute is susceptible to a plausible reading under which sovereign immunity is not waived, the statute fails to establish an unambiguous waiver and sovereign immunity therefore remains intact.” … “If a statute is susceptible to a plausible reading under which sovereign immunity is not waived, the statute fails to establish an unambiguous waiver and sovereign immunity therefore remains intact.”
Cited 1 timesPublishedNuttall v. Secretary of Health and Human Services
122 Fed. Cl. 821 · United States Court of Federal Claims · Aug 19, 2015
The special master also concluded that the petitioners had not established that N.N.’s were enlarged to the point that their size was evidence of a pathology. Id. e. … A plaintiff that can make such a showing has established a prima facie case. de Bazan, 539 F.3d at 1351.
Cited 31 timesPublishedCloer v. Secretary of Health & Human Services
85 Fed. Cl. 141 · United States Court of Federal Claims · Nov 25, 2008
It is also beyond doubt that waiver of sovereign immunity must be strictly construed. See United States v. … A manifestation of onset is more self-evident of an injury and may include significant symptoms that clearly evidence an injury. Id.
Reversed on other grounds by Cloer v. Secretary of Health and Human Services, 603 F.3d 1341 (2010)Cited 21 timesPublishedCastaneda v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 9, 2021
Rather, she found that petitioner neither established, nor attempted to establish, the level necessary to cause the effects posited by Dr. … Gilbert as the product of insufficiently qualified authors and because the study found correlation between presumably non- vaccine caused injuries, such as broken bones, and the vaccines. Quoting Dr.
Cited 0 timesPublishedPrincipal Mutual Life Insurance v. United States
29 Fed. Cl. 157 · United States Court of Federal Claims · Aug 26, 1993
On June 30, 1992, the court determined that the disabled lives reserves established *160 by Principal to provide monthly payments from life insurance qualified as life insurance reserves under Section 801 of the Internal … The life insurance category clearly includes contracts, such as those involved in this case, which provide life insurance benefits only.
Cited 71 timesPublished
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