Case law

Harmon v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 6, 2017

Because she qualifies for disability services, which includes eight hours of care a day, her fiancé is compensated for his aid. Id. at 33. … immune system attacks both.

Strickland v. United States

69 Fed. Cl. 684 · United States Court of Federal Claims · Feb 8, 2006

See Fisher, 364 F.3d at 1376-78 (holding that "White Mountain [established] a new test [that] clearly lowers the threshold for establishing that a statute or regulation is money-mandating, for it replaces a normal 'fairly … MILPERSMAN 1910-144, in accordance with DODDIR 1332.14, clearly reflects that only qualifying convictions may be the basis of administrative separation.

Metric Systems Corp. v. United States

42 Cont. Cas. Fed. 77,400 · United States Court of Federal Claims · Nov 13, 1998

Harris Corporation is best qualified to perform as the responsible total system integrator. 13 A synopsis of the proposed sole-source award was presented in the CBD on February 11, 1998. … court must determine whether defendant’s actions toward plaintiff were: (A) arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

Nasharr v. United States

105 Fed. Cl. 114 · United States Court of Federal Claims · May 22, 2012

Although pro se plaintiffs are given some leniency in presenting their case, their pro se status does not immunize them from pleading facts upon which a valid claim can rest. See, e.g., Ledford v. … The record clearly reflects that Mr. Nasharr submitted four payments to the IRS in 2003. It is not at all clear why plaintiffs aver that Mr.

Holmes v. United States

92 Fed. Cl. 311 · United States Court of Federal Claims · Apr 15, 2010

Plaintiff must shoulder the burden of “establishing] a substantive right of recovery to money damages from the United States.” Id. … To the contrary, plaintiff states: “Between 2001 and the present, [he] applied for various positions [for] which he was otherwise qualified.

Samish Indian Nation v. United States

90 Fed. Cl. 122 · United States Court of Federal Claims · Nov 30, 2009

The waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … In order to qualify for funding under Housing Act programs, an Indian tribe is required to (1) establish a housing authority, (2) submit an application to develop a project, and (3) demonstrate that it was capable of administering

McCulloch v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 11, 2015

Steinman was particularly well qualified in the research on the interactions between the immune system and the central nervous system, while Dr. … immune response remained the dominant force at work.

Wolford v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 3, 2021

Patel’s diagnosis of peripheral neuropathy “clearly explain[s] why [petitioner] was having numbness in his hand as documented during his visits with [Dr. Thacker].” Id. at 3. Additionally, Dr. … Poland et al., Determination of Deltoid Fat Pad Thickness: Implications for Needle Length in Adult Immunization, 277 JAMA 1709 (1997). 23 Michael Philip Koster et al., Needle Length for Immunization of Early Adolescents

Bangerter v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 14, 2022

Petitioner’s failure to establish Althen prong one in this case necessarily means she cannot establish Althen prong three. Dr. … Mar. 12, 2010) (petitioner's expert far less qualified to offer opinion 40 on general causation issues pertaining to autism than specific issues pertaining to the petitioner's

Manuel v. United States

United States Court of Federal Claims · Mar 7, 2014

Manuel's income level and absence of savings may qualify him for in forma pauoeris status, as is discussed below, his complaint is dismissed for lack of jurisdiction in this court. … SS 1331, 1343, and 1391 do not establish jurisdiction." Defendant further argues that "this court lacks jurisdiction pursuant to the Civil Rights Act of 1964."

Van Hulse v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 8, 2026

Van Hulse had been “largely neurotypical and doing well immediately before” the vaccination, then became “clearly significantly neuropsychiatrically impaired” two days later. Exhibit 54 at 4. Dr. … Van Hulse has not established a logical sequence of cause and effect showing that the vaccination was the reason for his condition, nor has he established a proximate temporal relationship between the vaccination and his

Great Northern Nekoosa Corp. & Subsidiaries v. United States

38 Fed. Cl. 645 · United States Court of Federal Claims · Aug 1, 1997

The making of such inherently contradictory claims, however, does not establish that if one is rejected the other is necessarily justified. Rains v. … term “qualified conservation contribution” means a contribution— (A) of a qualified real property interest (B) to a qualified organization, (C) exclusively for conservation purposes. (2) Qualified real property interest For

Winuk v. United States

23 A.L.R. Fed. 2d 677 · United States Court of Federal Claims · Jun 20, 2007

Winuk did not qualify for benefits under the PSOBA or Public Law 107-37. … The BJA Director determined that the letters provided on behalf of plaintiff as certification that he qualified for PSOBA benefits did not qualify as such because key letters stated that Glenn Winuk “should be considered”

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 27, 2017

Fraenkel a qualified and competent witness on the topic of hematology generally, her expertise did not compel acceptance of her testimony about onset. … prior to immunization.

Dudley v. United States

61 Fed. Cl. 685 · United States Court of Federal Claims · Aug 12, 2004

The plaintiff offers his applications to proceed in forma pauper-is, statements from his prisoner accounts, and withdrawal of funds authorization forms to establish his claim. … The PLRA clearly mandates that the BOP must remit filing fees from prisoners’ trust accounts to cover court filing fees, if a prisoner files an action.

Terhune v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 13, 2022

Whitton opines that petitioner’s disease severity “was clearly increasing prior to, or contemporaneous with, the vaccination.” (Ex. C, p. 4.) Like Dr. Deak, Dr. … The proposition that narcolepsy may be “an immune-mediated condition is fairly well-established” in the Program. McCollum v. Sec'y of Health & Human Servs., No. 14- 790V, 2017 WL 5386613, at *16 (Fed. Cl. Spec. Mstr.

Dinh v. United States

United States Court of Federal Claims · Jun 5, 2023

To be sure, defendant does not deny that plaintiffs have made such allegations: here, plaintiffs clearly allege a taking by federal legislation. Nor does defendant argue that plaintiffs’ allegations are frivolous. … Because PROMESA does not itself waive sovereign immunity, 9 a plaintiff suing the United States for monetary 9 There is no provision of PROMESA that may be read as an unequivocal waiver of sovereign immunity.

P. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 9, 2021

and acquired arms of the immune system interact significantly.” … In attempting to establish entitlement to a Vaccine Program award of compensation for a off-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.

Alkalay v. United States

54 Fed. Cl. 93 · United States Court of Federal Claims · Sep 26, 2002

Congressional consent to suit acts as a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980). … Waivers of sovereign immunity must be explicit and cannot be implied. United States v. King, 395 U.S. 1, 2 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

Salazar v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 1, 2021

The operative report clearly states that the surgery was done on the left ulnar nerve, not the right. See Pet. Ex. 21 at 1-2. … Chopra, opined that petitioner’s flu shot “clearly caused her injuries.” Pet. Ex. 16 at 1.