Michiko Miyahara v. HHS - Influenza, tinnitus and Sudden Sensorineural Hearing Loss (2025)
Case summary [AI summaries can sometimes make mistakes]
Michiko Miyahara filed a petition on October 12, 2022, alleging that she developed tinnitus and sudden sensorineural hearing loss caused by an influenza vaccination received on November 18, 2020. Respondent filed a Rule 4(c) Report on December 19, 2023, contending that entitlement to compensation should be denied.
The parties subsequently submitted expert reports and medical literature. On January 1, 2025, Petitioner filed an application for interim attorneys' fees and costs.
Respondent deferred to the Special Master regarding the award. The Special Master granted in part Petitioner's application, awarding $27,851.79 in interim attorneys' fees and costs.
The decision focused on the legal standards for interim fee awards, including undue hardship, good faith, and reasonable basis, and detailed the breakdown of the awarded fees and costs. The ultimate outcome of the entitlement claim remains pending.
Source PDFs
USCOURTS-cofc-1_22-vv-01497