Ruth Vizcarra v. HHS - Influenza, sudden sensorineural hearing loss (2025)
Case summary [AI summaries can sometimes make mistakes]
Ruth Vizcarra filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she developed sudden sensorineural hearing loss (SSNHL) after receiving an influenza vaccination on September 21, 2019. She reported hearing loss in her right ear within 24 hours of the vaccination, which was diagnosed as sudden idiopathic hearing loss.
The case proceeded as an off-Table claim, with both parties filing expert reports. The court addressed a motion to limit the testimony of respondent's expert, Dr.
Staats, a Ph.D., ruling that he should focus on the science behind the petitioner's theory and defer to medical doctors on diagnosis and specific causation. The court also awarded interim attorneys' fees and costs on two occasions, totaling $52,216.36 in the first award and $33,619.56 in the second, reflecting the protracted nature of the litigation and the costs associated with expert witnesses.
The case is ongoing, with a hearing scheduled for October 2027.