United States Court of Federal Claims, 2025

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided October 31, 2025 · Herbrina D S Young

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: October 6, 2025 ************************* LINDA JOHNSON, as surviving spouse * and legal representative of the estate of * JOSEPH JOHNSON, SR., *

* Petitioner, * No. 23-347V *

v. * Special Master Young

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

************************* Brian L. Cinelli, Schiffmacher Cinelli Adoff LLP, Buffalo, NY, for Petitioner. Joseph Douglas Leavitt, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On March 9, 2023, Linda Johnson (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program 2 on behalf of her deceased husband, Joseph Johnson, Sr. 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine Mr. Johnson received on January 11, 2021, caused his death. Pet. at 1.

On October 6, 2025, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stip. at 2, ECF No. 36. Respondent “denies that Mr. Johnson suffered any injury as a result of the flu vaccine administered on or about January 11, 2021, and denies that Mr. Johnson’s death was a sequala of his allegedly vaccine-related [acute disseminated encephalomyelitis].” Id. at 2. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation:

A lump sum payment of $325,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Id. at 2.

I approve the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED. s/Herbrina D. S. Young Herbrina D. S. Young Special Master

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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