Cari R. Calohan v. HHS - Influenza, neuromyelitis optica spectrum disorder (2025)

Cari R. Calohan filed a petition on May 7, 2020, alleging that she developed neuromyelitis optica spectrum disorder (NMO) caused by an influenza vaccination received on October 30, 2017.

Respondent filed a report on September 27, 2021, contending that entitlement to compensation should be denied. The parties submitted expert reports and medical literature, and an entitlement hearing is scheduled for July 13-14, 2026.

On January 23, 2025, Petitioner applied for interim attorneys' fees and costs totaling $80,694.46. Respondent deferred to the Special Master on the standard for an award.

The Special Master found that Petitioner would suffer undue hardship without an award and that the petition was filed in good faith with a reasonable basis, supported by extensive medical records and expert reports. The Special Master awarded $78,549.86 in interim attorneys' fees and costs, reducing the requested amount due to a higher hourly rate for 2024 and time billed for administrative tasks, as well as a slight adjustment to expert costs.