United States Court of Federal Claims, 2026

Johansen v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided August 12, 2026 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 25-404V

JAMES JOHANSEN,

Chief Special Master Corcoran Petitioner,

v. Filed: July 6, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Joseph D. Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On March 4, 2025, James Johansen filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that he developed an injection site abscess as a result of an influenza (“flu”) vaccination he received on September 27, 2023. Amended Petition at 1. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 6, 2026, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent has concluded that preponderant evidence on the current record supports that Petitioner’s abscess was more likely than not caused-in-fact by the flu vaccination he received on September 27, 2023. Id. at 4.

In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation.

IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

1 Because this Ruling 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 Ruling 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. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.