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BROEKELSCHEN v. SEC. OF HEALTH AND HUMAN SERVICES

No. 2009-5132.

618 F.3d 1339 (2010)

Peter BROEKELSCHEN, M.D., Petitioner-Appellant v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 10, 2010.

Attorney(s) appearing for the Case

Lisa A. Roquemore , Broker & Associates, PC, of Irvine, CA, argued for petitioner-appellant.

Voris E. Johnson, Jr. , Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Timothy P. Garren , Director, Mark W. Rogers , Deputy Director, and Catharine E. Reeves , Assistant Director.

Dissenting Opinion filed by Circuit Judge MAYER.

GAJARSA, Circuit Judge.

Peter Broekelschen, M.D., appeals the decision of the United States Court of Federal Claims affirming a special master's decision denying Dr. Broekelschen's petition for compensation under the National Childhood Vaccine Injury Act of 1986 ("Vaccine Act"), 42 U.S.C. §§ 300aa-1 to -34 (2006). The special master concluded that Dr. Broekelschen did not prove by a preponderance of the evidence that the flu vaccine caused his injury.

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