U.S. Court of Federal Claims Opinions
Updated: 7 hours 34 min ago
Attorneys' Fees and Costs; Varicella Vaccination; Seizure Disorder; Reasonable Basis for Claim. Signed by Special Master Campbell-Smith.
Vaccine case; off-Table claim stemming from neurological damage allegedly caused or aggravated by administration of MMR, varicella, and Prevnar vaccines to a child with a genetic mitochrondrial defect; differentiation of claims asserting an aggravation of a pre-existing condition from claims asserting the manifestation of a new injury; Althen causation framework; propriety of admitting trial testimony from an unrelated vaccine case. Signed by Judge Lettow.
Damages, quantifying emotional distress endured before death. Signed by Special Master Moran.
hepatitis B vaccine, transverse myelitis, one day onset. Signed by Special Master Moran.
Attorneys' fees, reasonable basis, vaccine not covered. Signed by Special Master Moran.
Damages, Zatuchni, wrongful death claim distinguished from survival of a claim for injuries death, extent of injury claim, whether parents of deceased child may recover for her lost earning capacity. Signed by Special Master Moran.
Autism; Withdraw of Counsel. Signed by Special Master Vowell.
Attorneys’ Fees & Costs Decision; Reasonable Hours Expended; Guardianship Costs. Signed by Special Master Millman.
Denial; Diphtheria-tetanus-acellular pertussis, DTaP; Hemophilus influenzae type B, HIB; Hepatitis B, Hep B; Pneumococcal; Death; Cytokine storm or abnormal cytokine response; SIDS; Positional asphyxia. Signed by Special Master Golkiewicz.
Interim Award of Attorneys' Fees and Costs; Omnibus Autism Proceeding (OAP) Motion to Withdraw as Counsel; Prolonged Proceedings; Undue Hardship. Signed by Special Master Campbell-Smith.
attorneys' fees and costs, reasonable basis for appellate litigation, reasonable number of hours for appellate litigation. Signed by Special Master Moran.
Vaccine Act Entitlement; Causation-in-fact; Hepatitis B/Still's Disease Causation Issue. Signed by Special Master Hastings.
Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Premature Filing of Petition before Six-Month Injury Requirement Met; Petition Content Requirements Set Forth Under § 11(c) of Vaccine Act; Request to Stay Proceedings; Curable Nature of Filing Defect; “One Petition Rule;” Request to Deny Attorneys’ Fees and Costs. Signed by Special Master Campbell-Smith.
Attorneys' fees, interim award pending appeal, McKellar. Signed by Special Master Moran.
Entitlement; Varicella Vaccine; Chronic Fatigue Syndrome (CFS); Systemic Inflammatory Response Syndrome (SIRS). Signed by Special Master Lord.
Proffer on Award of Compensation Required Petitioners to Establish a Conservatorship; Cost of Surety Bond Required by State Law for Appointment of Conservator Reimbursable. Signed by Special Master Campbell-Smith.
Attorneys’ Fees and Costs; Interim Award; Reasonable Hours. Signed by Special Master Millman.
Contracts; Jurisdiction; Presumption of Money Damages; Statute of Limitations. Signed by Judge Bruggink.
Attorneys’ fees and costs, reasonable basis for motion for review on fees, fees for fees, Fox v. Vice. Signed by Special Master Moran.
Autism; Petitioner’s Motion for a Decision Dismissing the Insufficient Petition; Proof of Causation; Vaccine Act Entitlement; Denial Without Hearing. Signed by Special Master Campbell-Smith.