Case law

Flores v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 25, 2020

The Leming petitioners argued that their minor daughter developed ITP, immune dysfunction, and immunodeficiency after receiving three different vaccines. Id. … Here, the medical record establishes this.

Sabree v. United States

90 Fed. Cl. 683 · United States Court of Federal Claims · Dec 8, 2009

Sabree did not qualify for a Good Conduct Medal. Finally, the Correction Board determined that Mr. … “Only a serious impediment can qualify to suspend running of the statute.” Id.

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

39 Fed. Cl. 632 · United States Court of Federal Claims · Nov 25, 1997

Temporal association of the onset of the injury with the vaccination is not sufficient to establish causation-in-fact. See Grant, 956 F.2d at 1148 ; Strother, 21 Cl.Ct. at 369 . … Furthermore, upon a review of the entire record in this case, the Court finds that the Special Master considered all the relevant evidence, drew reasonable inferences, and clearly articulated a rational basis for his decision

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

29 Fed. Cl. 339 · United States Court of Federal Claims · Sep 21, 1993

is immune from an interest award.” … The traditional rule has been codified for the Court of Federal Claims at 28 U.S.C. § 2516 (a). 3 Clearly, in the Program there is no contract.

Cheryl Koehn, as Mother and Next Friend of Vanessia Koehn v. Secretary of Health and Human Services

United States Court of Federal Claims · May 30, 2013

McCabe is qualified to discuss immunologic principles and that expertise naturally fits in the discussion of theory under prong one of Althen. … These vaccinations did not clearly exacerbate Vanessia’s sJIA as might be expected if the Gardasil vaccine were causative.

Presidential Power Concerning Diplomatic Agents and Staff of the Iranian Mission

Department of Justice Office of Legal Counsel · Jan 8, 1980

As an introductory matter, the Convention and the Act establish categories of diplomatic personnel, and grant them varying degrees of immunity. … Iran is clearly in massive breach of this A rticle.1 Article 26 requires the receiving state to guarantee members of the mission 2 freedom of movement in the country, subject to regulations establishing national security

Gill v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 21, 2014

masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly … Henry DelaTorre, petitioner’s new primary care physician, wrote, “Symptoms of VIDs [variable immune deficiency syndrome] started after she had H1N1 virus and later got the Flu/H1N1 immunization.

NRG Co. v. United States

24 Cl. Ct. 51 · United States Court of Claims · Aug 28, 1991

Here, as in United Nuclear, the government chose to modify the established rules after the pertinent agreements were entered. … First, Congress clearly was not acting in a traditional arbiter’s role when it enacted the Cancellation Act.

Travenol Laboratories, Inc. v. United States

20 Ct. Int'l Trade 883 · United States Court of International Trade · Jul 23, 1996

The statute clearly states that interest accrues back to the date of deposit. … Any waiver of such sovereign’s immunity is to be strictly construed, and, 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

Matthews v. Secretary of the Dept. of Health & Human Services

18 Cl. Ct. 514 · United States Court of Claims · Oct 25, 1989

Evidence of Krabbe’s or Schilder’s disease, as alternative cause of Tommy’s injury and death, is clearly hypothetical. … Na-rowski on January 11, 1956, was "encephalopathy secondary to DPT immunization ...” P. Exhibit No. 18. Dr. Henry W.

St. Paul Fire & Marine Insurance v. United States

4 Cl. Ct. 762 · United States Court of Claims · Mar 22, 1984

United States, 403 F.2d 57, 59 (5th Cir.1968) (waiver of a federal right must be clearly established); Kahn v. … Our precedents clearly establish that such soil settlement is not an act of God within the meaning of 33 U.S.C. § 1321 (i)(l)(a). See Sabine Towing & Transportation Co. v.

Forrest v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 26, 2019

phase of the immune response. … Collins qualified the possibility of a recall response with the necessity that during the interval between the flu vaccinations a person would need to be exposed to flu antigen so that her immune memory cells remain active

Reinhardt v. Secretary of Health and Human Services

United States Court of Federal Claims · May 10, 2021

Vartanian is clearly qualified to opine on the matters before the court, Dr. Cestari is one of approximately ten neuro-ophthalmology specialists in the United States. … Molecular mimicry is also a well-established theory in the Vaccine Program and has been persuasively linked to different immune-mediated conditions. See e.g. W.C. v. Sec'y of Health & Hum.

Flowers v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 8, 2024

In her view, the November 6, 2018, record definitively establishes that her GBS qualifies as a Table injury. Id. … According to the CSM, “this occurs only where other factors establish that some synergistic combination of causes involving the vaccine and the claimant’s own preexisting health likely caused a faster immune stimulation process

Schow v. United States

United States Court of Federal Claims · May 27, 2025

While the Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v. … Clearly, he was not, because he did not satisfy the prerequisites for such a promotion: presidential appointment and confirmation by the Senate.

Zhengxing v. United States

71 Fed. Cl. 732 · United States Court of Federal Claims · Jun 9, 2006

Rather, BPAs are “a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” 48 C.F.R. § 13.303-1 (a). … ‘charge accounts’ with qualified sources of supply.” 48 C.F.R. § 13.303-1 .

Sanders v. United States

34 Fed. Cl. 38 · United States Court of Federal Claims · Aug 9, 1995

Sanders failed to establish subject matter jurisdiction. We must do likewise. This court has held, in unequivocal terms, that general jurisdictional statutes may not act to waive sovereign immunity. Lonsdale v. … Plaintiff has failed to establish either that the United States unequivocally waived its sovereign immunity or that this court is vested with jurisdiction over plaintiffs claims.

Solak v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 12, 2021

Solak’s scratchy throat, nasal congestion, and shortness of breath are clearly not features that are seen in immune complex disease.” Id. … Dhillon wrote that he “explained to her I doubt food allergy can qualify as disability.” Ex. 10 at 1. On September 1, 2015, Dr.

Alberto Q. Palor v. R. James Nicholson

21 Vet. App. 325 · United States Court of Appeals for Veterans Claims · Jun 29, 2007

This finding is clearly erroneous. See May-field, 444 F.3d at 1333-34 . … or does not qualify him for veteran status may be binding on his claim.

ZN v. Brown

6 Vet. App. 183 · United States Court of Appeals for Veterans Claims · Feb 4, 1994

Latham’s August 1992 statement that the veteran “clearly” had a history of developing adenopathy and fever in 1982 that likely represented the onset of HIV infection (R. at 303), the Board stated: “[T]hat history clearly … In any event, the veteran would not have been qualified to determine the diagnosis of any medical problem.” Ibid.