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.
United States Court of Appeals, Federal Circuit.
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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