Justin Hock v. HHS - Influenza, myelin oligodendrocyte glycoprotein antibody-associated disease (MOGAD) (2024)

On February 18, 2021, Justin Hock, born November 14, 1985, filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on October 8, 2018, caused him to develop myelin oligodendrocyte glycoprotein antibody-associated disease (MOGAD). Mr.

Hock had a history of leg pain, lower back pain, and neck pain prior to vaccination, with some improvement noted before receiving the vaccine. Following vaccination, he experienced a recurrence and worsening of neck and back pain, difficulty urinating, and loss of motor skills.

He sought emergency care, underwent neurological exams and imaging, and was treated with steroids. His urinary retention worsened, requiring self-catheterization.

He was hospitalized from November 9-14, 2018, where further neurological exams revealed sensory loss and hyperreflexia. Imaging showed enhancing lesions concerning for a neuro-inflammatory process, and he was treated with methylprednisolone.

While awaiting MOG antibody test results, an optical coherence tomography (OCT) showed chronic injury to his optic nerves. Upon discharge, he was referred for outpatient neurology and prescribed a prednisone taper.

In early December 2018, his MOG antibody test returned positive with high titers, while tests for neuromyelitis optica (NMO) antibodies were negative. His condition was characterized as consistent with a MOG-related neuroinflammatory disorder, though the OCT results suggested a possible relapsing disease course that could have begun prior to his initial complaints.

Subsequent follow-up visits showed persistent urinary issues and some vision blurring. Petitioner's counsel was Maximillian J.

Muller of Muller Brazil, LLP. Respondent's counsel was Eleanor Hanson of the U.S.

Department of Justice. A two-day entitlement hearing was held on December 14-15, 2023.

Petitioner presented expert testimony from Dr. Syed Rizvi and Dr.

S. Michael Phillips, who opined that the flu vaccine could have caused Mr.

Hock's MOGAD through molecular mimicry, with symptom onset approximately 19 days post-vaccination. Respondent presented expert testimony from Dr.

Brian Callaghan and Dr. You-Wen He, who argued that Mr.

Hock's symptoms likely predated the vaccination and that infections are a more common trigger for MOGAD than vaccines. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on July 12, 2024, finding that Mr. Hock met his burden of proof, establishing a medically acceptable temporal relationship and a logical sequence of cause and effect, and that the flu vaccine could cause MOGAD.

On November 5, 2024, Chief Special Master Corcoran issued a Decision awarding Mr. Hock $130,000.00 for pain and suffering and $28,588.10 to satisfy a Medicaid lien, for a total award of $158,588.10.