William J. Vogler v. HHS - Influenza, meningitis (2014)

William J. Vogler filed a petition on June 27, 2011, seeking compensation under the National Vaccine Injury Compensation Program, alleging that he suffered meningitis as a result of an influenza vaccine received on November 5, 2008.

Mr. Vogler was 33 years old at the time of vaccination.

His petition was dismissed by Special Master Brian H. Corcoran on April 25, 2014.

The public decision does not describe the specific symptoms Mr. Vogler experienced, nor does it detail the medical theory or expert testimony presented to establish causation.

The decision notes that Mr. Vogler initially intended to present expert testimony but ultimately decided against it, asking the court to rule on the existing record.

Respondent argued that Petitioner could not prove the vaccine "can cause" his injury or that it "did cause" his injury, nor that the injury persisted for the statutory six-month period. Special Master Corcoran found that Mr.

Vogler failed to establish causation-in-fact under the Althen prongs, citing a lack of medical theory and inconsistencies in the medical records regarding the vaccine's role. The Special Master also found that the six-month duration requirement was not met.

Consequently, the petition was dismissed. A subsequent decision on October 1, 2014, approved a stipulation for attorneys' fees and costs in the amount of $20,000.00, payable jointly to Petitioner and his counsel, Firooz T.

Namei, despite the dismissal of the underlying claim. Petitioner was represented by Firooz Namei of McKinney & Namei Co., and Respondent was represented by Lynn Ricciardella of the U.S.

Department of Justice.