U.S. Court of Federal Claims Opinions
Updated: 1 hour 20 min ago
Entitlement; HPV vaccine (Gardasil), systemic juvenile idiopathic arthritis (sJIA). Signed by Special Master Moran.
Vaccine Act; Attorneys' Fees; Reasonable Basis for Claim. Signed by Special Master Hastings.
Hepatitis B Vaccine; Small Nerve Fiber Neuropathy; Finding of Entitlement to Compensation. Signed by Special Master Campbell-Smith.
Vaccine Act Entitlement; Causation-in-fact; Vaccination/Encephalopathy Causation Issue; Vaccination/Autism Causation Issue.. Signed by Special Master Hastings.
Damages, attendant care, lost earning capacity, emotional distress. Signed by Special Master Moran.
Attorneys' fees and costs; reasonable hourly rate; reasonable number of hours; supplemental request. Signed by Special Master Moran.
Entitlement; significant aggravation mitochondrial disorder; decision on remand. Signed by Special Master Moran.
Final application for attorneys' fees and costs; reasonable hours; supplemental decision. Signed by Special Master Millman.
Vaccine case; petitioners’ challenge to a special master’s failure to act on a remanded vaccine case within the statutorily specified time; 42 U.S.C. § 300aa-12(e)(2)(C); absence of mandatory remedy; analogy to a request for relief by way of a writ of mandamus. Signed by Judge Lettow.
Damages; decision based on proffer; hepatitis B vaccine; chronic fatigue syndrome. Signed by Special Master Moran.
Autism; Attorneys’ Fees and Costs. Signed by Special Master Vowell.
Final Application for Attorneys' Fees and Costs; Reasonable Hours. Signed by Special Master Millman.
Vaccine Act; Motion for Review; DTaP Vaccine; Anaphylactic Reaction; Focal Brain Injury; Neurological Injuries; Althen; Causation-in-Fact; Consideration of Petitioner’s Affidavit; Expert Credibility; Consideration of Evidence Deemed Irrelevant. Signed by Judge Sweeney.
Preapproval of Hourly Rate; Reasonable Hourly Rate; Expert Rate. Signed by Special Master Zane.
The special master’s conclusion that a vaccination was not a substantial factor in bringing about harm was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law where the special master employed the correct legal standard, carefully considered the relevant evidence, and ultimately relied on the testimony of experts judged by the special master to be qualified and credible.. Signed by Judge Wiese.
Attorneys' Fees and Costs; "Fees for Fees"; Law of the Case
Doctrine; Federal Circuit Rule 47.7; Motions for Review of Fees and Costs Decisions. Signed by Special Master Vowell.
Vaccine Act off-table case; Althen; DTaP; celiac disease; absence of plausible medical theory of causation; statements of treating physicians; document referenced in expert report as party admission; no appropriate temporal association without reputable explanation of mechanism.. Signed by Judge Wolski.
Vaccine Act; application of statutory cap on pain, suffering and emotional distress in death case; 42 U.S.C. § 300aa-15(a)(4); Youngblood v. Sec’y of HHS, 32 F.3d 552 (Fed. Cir. 1994).. Signed by Judge Merow.
National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP Vaccine; Acute Encephalopathy; Seizures; 42 C.F.R. § 100.3(b)(2)(i)(E).. Signed by Judge G. Miller.
Vaccine Act Attorneys' Fees. Reasonable Basis for Claim.. Signed by Special Master Hastings.