# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: September 3, 2020

* * * * * * * * * * * * *

ROSEANNA JOHNSON

, * UNPUBLISHED

*

Petitioner, * No. 1 7

- 85 2V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation for Award;

AND HUMAN SERVICES, * Varicella ; Varicella vaccine

-

* strain viral disease or varicella

Respondent. * vaccine

- strain viral reactivation.

*

* * * * * * * * * * * * *

Andrew D. Downing

, Van Cott & Talamante, PLLC, Phoen i x, A Z

, for petitioner.

Sarah C. Duncan

, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION FOR STIPULATION 1

On June 2 3, 2017, R oseanna Joh nson ( “ petitioner ” ) , filed a petition for compensation

under the National Vaccine Injury Program. 2 Petition (ECF No. 1) . Pe titioner received var icella

vaccinations on August 5, 2016 and October 31, 2016. Petition at Preamble; Stipulation at ¶ 2

(ECF No. 57 ). Pet itioner alleges that as a resu lt of receiving the varicella vaccinations, s he

suffered disseminated varicella va ccine

- strain viral disease or varicella v ac cine

- strain viral

reactivation. Sti pulation at ¶ 4.

On September 2, 2020, respondent filed a st ipulation pr ov iding that a decision should be

entered awarding compensation to p etitioner. Respondent denies that the varicella vaccine s are the cause of petitioner’s alleged injuries, or any other injury or h er current condition. Id. at ¶ 6.

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggre gator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. I d.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012)

(Vaccine Act or the Act). All ci tations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.2

Nevertheless, maintaining their respective positions, the parties now agree that the issues

between them shall be settled and that a decision should be entered awarding the compensation

to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶

7.

The stipulation provides:

1) A lump sum of $ 25,000 .00, for pain and suffering in the form of a check payable

to petitioner. This amount represents c ompensation for all damages that would

be av ailable under 42 U.S.C. § 300aa

- 15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount

and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in

accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).