William J. Vogler v. HHS - Influenza, meningitis (2014)
Case summary [AI summaries can sometimes make mistakes]
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 23, 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.
Theory of causation
Petitioner William J. Vogler, age 33, received an influenza vaccine on November 5, 2008, and subsequently alleged meningitis. The petition was dismissed by Special Master Brian H. Corcoran on April 25, 2014, for failure to establish entitlement. The public decision does not specify a Table injury. Petitioner failed to establish causation-in-fact under the three prongs of Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005). Specifically, the Special Master found a lack of evidence to support the "can cause" prong, as Dr. Kamepalli's notes were unsubstantiated conjectures and no expert reports or medical literature were provided to explain how an inactive flu vaccine could cause meningitis. The "did cause" prong was also not met due to inconsistencies in the medical records, with Dr. Kamepalli suggesting causation while the discharge summary stated the relationship was unclear, and Dr. Manis opining the vaccine did not cause the illness. The "proximate temporal relationship" prong failed because the onset of symptoms did not align with Dr. Manis's assessment of a medically acceptable timeframe for vaccine reaction, and no theory of causation was established. Additionally, Petitioner failed to meet the statutory requirement of suffering residual effects for more than six months post-vaccination, as his symptoms appeared to have resolved by March 2009. Petitioner was represented by Firooz Namei of McKinney & Namei Co., and Respondent was represented by Lynn Ricciardella of the U.S. Department of Justice. A subsequent decision on October 23, 2014, awarded $20,000.00 for attorneys' fees and costs.
Source PDFs
USCOURTS-cofc-1_11-vv-00424