U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago
Filed 08/24/2009
Motion for intervention; Interim attorneys' fees and costs; Vaccine Rule 15. Signed by Special Master Lord.
Filed 08/17/2009
Entitlement: Hep B vaccination; 11 days later, optic neuritis; MS; was psoriasis the cause of neuritis. Signed by Special Master Millman.
Filed 08/11/2009
Vaccine Act, 42 U.S.C. § § 300aa-1 to -34; MMR and Thimerosal-Containing Vaccines; Omnibus Autism Proceeding; Role of Special Masters; Use of Three Special Masters to Hear General Causation Evidence; Admitting and Weighing Evidence; Daubert; Causation-in-Fact; Althen; Unfounded Allegations of Bias. Signed by Judge Sweeney.
Filed 08/06/2009
Autism; Policy Arguments;Statute of Limitations; Untimely Filing; Equitable Tolling. Signed by Special Master Vowell.
Filed 08/06/2009
Vaccine Act; Omnibus Autism Proceeding; Effect of Thimerosal and Measles, Mumps, and Rubella Vaccine in Causing Autism; Burden of Proof; Standard of Review; Analysis of Causation-in-Fact Evidence; Assessment of Expert Testimony.. Signed by Judge Wheeler.
Filed 07/31/2009
DPT not shown to cause seizure 13 days later. Signed by Special Master Millman.
Filed 07/30/2009
entitlement, DTaP, significant aggravation of infantile spasms,decision after remand, six-part test, natural course of infantile spasms, apportionment, six month rule. Signed by Special Master Moran.
Filed 07/30/2009
Causation-In-Fact; National Vaccine Injury Act,42 U.S.C. § 300 aa-1 et seq.; Remand; Treating Physician. Signed by Judge Braden.
Filed 07/28/2009
Interim attorneys'fees and costs, amount which is not disputed. Signed by Special Master Moran.
Filed 07/28/2009
Interim Fees and Costs; Avera; Davis exception to forum rule;Statutory Interpretation, Construction, Purpose, Intent; § 15(e)(1). Signed by Special Master Abell.
Filed 07/27/2009
Motions to Modify Judgment and Reopen Case denied. Signed by Special Master Millman.
Filed 07/27/2009
Attorney Fees; Laffey Matrix;Forum Rate;Geographic Rate;Due Process;Petitioner's Burden;Reasonable Hourly Rate. Signed by Special Master Vowell.
Filed 07/27/2009
Vaccine Act Interim Fees and Costs; Fees for Omnibus Proceedings. Signed by Special Master Hastings.
Filed 07/24/2009
Vaccine Act—Omnibus Autism Proceeding: In a proceeding to determine the relationship, if any,between the measles, mumps, and rubella vaccine and the development of regressive autism, the special master did not err in relying on evidence generated in another litigation and offered on the eve of hearing,failing to consider evidence that would not have altered her conclusion, or declining to rule whether regressive autism is a distinct phenotype from classic autism. Signed by Judge Wiese.
Filed 07/24/2009
Vaccine Act—Omnibus Autism Proceeding: In a proceeding to determine the relationship, if any, between the measles, mumps, and rubella vaccine and the development of regressive autism, the special master did not err in relying on evidence generated in another litigation and offered on the eve of hearing, failing to consider evidence that would not have altered her conclusion, or declining to rule whether regressive autism is a distinct phenotype from classic autism.. Signed by Judge Wiese.
Filed 07/15/2009
Review of Special Master Decision; 42 U.S.C. § 300aa-12(e)(2)(B); 42 U.S.C. §300aa-15(a)(4); 42 U.S.C. § 300aa-15(f)(4)(A); 42 U.S.C. § 300aa-13(b)(1); Vaccine Rule 36(b); Vaccine Rule 8(c); Special Master Did Not Err In Evidentiary, Credibility, Fact-Finding, or Discretionary Determinations.. Signed by Judge Firestone.
Filed 07/13/2009
Entitlement; hep B vaccine;two months after second vaccination, optic neuritis and MS; one week after third vaccination, optic neuritis and leg weakness. Signed by Special Master Millman.
Filed 07/13/2009
Tax; motion to dismiss pursuant to RCFC 12(b)(1), (6); refund of employment taxes imposed on responsible persons under 26 U.S.C. § 6672 (2006); requirement to file claims with Internal Revenue Service as prerequisite to suit in court, 26 U.S.C. § 422(a)(2006); limitations period for filing suit for refund, 26 U.S.C. § 6511(a)(2006). Signed by Judge C. Miller.
Filed 07/10/2009
Autism, statute of limitations,speech delay, reliability of expert's opinion. Signed by Special Master Moran.
Filed 07/10/2009
Vaccine Act Interim Costs; Fees for Omnibus Proceedings. Signed by Special Master Hastings.
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