Gary W. Cobb v. HHS - Influenza, optic neuritis (2025)

Gary W. Cobb filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered from optic neuritis as a result of an influenza vaccination he received on January 16, 2019.

The petition was filed on January 10, 2022. The case has involved extensive medical records and expert reports from both the petitioner and the respondent.

The petitioner's expert, Dr. Devin Mackay, opined that the optic neuritis was caused by the flu vaccine.

The respondent did not raise specific objections to the petitioner's good faith or reasonable basis for the claim, nor did they dispute that the petitioner would suffer undue hardship if interim fees were denied. The court found that the petitioner would suffer undue hardship if interim fees were denied due to the protracted nature of the litigation and the significant costs incurred.

The court determined that the petition was filed in good faith and had a reasonable basis, supported by medical records and expert opinions. The court awarded interim attorneys' fees and costs totaling $48,557.59.