Case law

Bender v. Secretary of Health and Human Services

United States Court of Federal Claims · May 23, 2018

On remand, the Special Master shall clearly articulate how the medical literature and absence of test results informed his decision. 2  Petitioner was transferred to … As a result, the Special Master found that because “Petitioner could not credibly establish that the vaccines she received could cause TM via any of the proposed mechanisms, she has also not established that the autoimmune

Doe v. United States

95 Fed. Cl. 546 · United States Court of Federal Claims · Nov 10, 2010

sovereign immunity for lawsuits in federal court for state sponsors of terrorism, id. § 1605(a)(7). … Verdugo-Urquidez, 494 U.S. 259, 268 , 110 S.Ct. 1056 , 108 L.Ed.2d 222 (1990) (defining unincorporated territory as "one not clearly destined for statehood” without reference to sovereignty). .

Chevron U.S.A., Inc. v. United States

71 Fed. Cl. 236 · United States Court of Federal Claims · May 31, 2006

Dis. at 21 (“Precedent establishes that the United States has not waived its sovereign immunity against such form of damages except in limited situations not applicable here.”) (citing Texas Instruments v. … Shaw, 478 U.S. 310, 314 , 106 S.Ct. 2957 , 92 L.Ed.2d 250 (1986)) (“In the absence of express congressional consent to the award of interest, separate from a general waiver of immunity to suit, the United States is immune

Electrolux Holdings, Inc. v. United States

71 Fed. Cl. 748 · United States Court of Federal Claims · Jun 22, 2006

Dallas, 493 U.S. 215, 231 , 110 S.Ct. 596 , 107 L.Ed.2d 603 (1990) (holding that the burden is on the party seeking to exercise jurisdiction by clearly alleging facts sufficient to establish jurisdiction). … Plaintiffs, however, bear the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch.

John Doe 21 v. Secretary of Health & Human Services

84 Fed. Cl. 19 · United States Court of Federal Claims · Oct 6, 2008

It was clearly resolved by the time that he was seen in the emergency room. … That ruling, however, does not preclude Petitioner from qualifying for compensation under the Vaccine Act, if causation-in-fact can be established by a preponderance of the evidence. See de Bazan, 539 F.3d at 1347 .

Falzon v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 25, 2023

Only “egregious” or “extraordinary” attorney conduct can qualify as an extraordinary circumstance for the purposes of equitable tolling. … Cl. at 218; see also Irwin, 498 U.S. at 96 (acknowledging equitable tolling extends a waiver of sovereign immunity).

Leming v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 29, 2022

Grimes also recorded that A.L.’s mother was “still . . . concern[ed]” about “immune dysfunction, and hesitant to consider further immunizations for [A.L.].” … Therefore, the court of appeals held, they did not qualify as “residual effects” or “complications” of his thrombocytopenia. Id.

Matte v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 31, 2019

and infection” and “also provides a more robust environment for the immune response,” making it a “much more dramatic immune stimulator than a vaccine.” … Okuda was a well-qualified and competent neurology expert, whose opinion was reasonable and worthy of weight.

Ulysses, Inc. v. United States

110 Fed. Cl. 618 · United States Court of Federal Claims · Apr 30, 2013

• “[W]e clearly indicated that we have manufactured the next higher assembly, which is the equipment itself and which obviously qualifies us to make the subject item. … The record establishes that Plaintiff submitted a claim believing it was qualified to manufacture the 112 Part based on a different interpretation of what constituted an approved source.

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

34 Fed. Cl. 29 · United States Court of Federal Claims · Aug 2, 1995

The inflammatory response in Zachary’s upper and lower respiratory system was clearly not severe enough to account for his death. … While the preceding DPT immunization may have played a minor role in Zachary’s fever and irritability such immunizations do not produce congestion or other symptoms of an URI.

Tapia v. United States

United States Court of Federal Claims · Dec 16, 2019

The “Program of General Caregiver Support” is established under subsection (b) and is not at issue in this case. … Cir. 2011) (“‘[W]here Congress has clearly stated its intent in the language of a statute, a court should not inquire further into the meaning of the statute.’” (quoting Millenium Lumber Distrib., Ltd. v.

Matte v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 31, 2019

and infection” and “also provides a more robust environment for the immune response,” making it a “much more dramatic immune stimulator than a vaccine.” … Okuda was a well-qualified and competent neurology expert, whose opinion was reasonable and worthy of weight.

Contino v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 8, 2019

She has frequently served as an expert witness in civil litigation and in the Vaccine program, where she has previously been qualified as an expert in immunology. In this case, petitioner proffered and I accepted Dr. … In the present case, petitioner does not establish that she has suffered a Table injury.

Stephenson v. United States

58 Fed. Cl. 186 · United States Court of Federal Claims · Oct 15, 2003

Said consent must occur through an unequivocal, express waiver of sovereign immunity. United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969) (citing Sherwood, 312 U.S. at 584 , 61 S.Ct. 767 ). … The burden thus is squarely on the proponent to establish subject matter jurisdiction by a preponderance of the evidence. Id.

Baca v. United States

29 Fed. Cl. 354 · United States Court of Federal Claims · Sep 24, 1993

Thus, to establish that an employee is exempt under the FLSA, defendant, in effect, must overcome a presumption of nonexempt status. Amshey, 26 Cl.Ct. at 590 . … Moreover, the record establishes that the nonexempt GS-9’s complete the same evaluation forms for the couriers within their specific vehicles.

Morton v. United States

98 Fed. Cl. 596 · United States Court of Federal Claims · Apr 27, 2011

This “qualified intermediary” safe harbor states that a taxpayer may appoint a qualified intermediary to receive funds from the sale of property, and this intermediary will not be considered an agent of the taxpayer. … The requirements are that (1) the taxpayer assigns his rights under the sales contract to a qualified intermediary, Treas.

Computervision Corp. v. United States

62 Fed. Cl. 299 · United States Court of Federal Claims · Sep 9, 2004

Individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. at 538 , 100 S.Ct. 1349 . … By contrast, Computervision’s original refund claim was specific and pointed clearly to the claim the IRS was requested to consider.

Mansfield v. United States

71 Fed. Cl. 687 · United States Court of Federal Claims · Jun 30, 2006

Under the Tucker Act, sovereign immunity is waived for “any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or … employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance

Simanski ex rel. Simanski v. Secretary of Health & Human Services

96 Fed. Cl. 588 · United States Court of Federal Claims · Dec 15, 2010

Maertens concluded that the “determination of whether the immunizations were a factor in the onset of GBS in a child who had an upregulated immune system from an infectious process is best made by an immunologist.” Id. … immunization (transfer of autoreactive-T cells or autoantibod-ies induce the disease).

Grady v. United States

United States Court of Federal Claims · Nov 23, 2015

Grady has failed to establish that his claims are within the jurisdiction of this Court. … While the govemment's arguments are not without some force, the Court finds it unnecessary to reach them, given its conclusion that it clearly lacks jurisdiction over the contract claims Mr.