Thomas Mayo v. HHS - Influenza, sensorineural hearing loss (2025)

Thomas Mayo filed a petition for compensation under the National Vaccine Injury Compensation Program on October 3, 2022, alleging he suffered sensorineural hearing loss as a result of his October 4, 2019 influenza vaccination. The case has seen multiple changes in legal representation, with Mr.

Konkel and Mr. Downing serving as former counsel.

This decision addresses a motion for interim attorneys' fees and costs filed by Mr. Konkel and Mr.

Downing, totaling $39,682.55 and $14,504.00 respectively. The court found that the petition was filed in good faith and with a reasonable basis, referencing a prior case where a petitioner was found entitled to compensation for unilateral sudden sensorineural hearing loss caused by a flu vaccine.

The court also noted that interim fee awards are permissible and appropriate, especially in protracted and costly cases. After reviewing the billing records and costs submitted, the Special Master found them to be reasonable and well-documented.

Consequently, the court awarded interim attorneys' fees and costs totaling $54,186.55, to be paid to the former counsels' respective IOLTA accounts. The specific outcome regarding entitlement or damages for the alleged injury is not detailed in this decision, which focuses solely on the interim fee award.