In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: September 3, 2020

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

ROSEANNA JOHNSON, * UNPUBLISHED

*

Petitioner, * No. 17-852V

*

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, Phoenix, AZ, for petitioner. 

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

DECISION FOR STIPULATION1

On June 23, 2017, Roseanna Johnson (“petitioner”), filed a petition for compensation 

under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner received varicella 

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

(ECF No. 57). Petitioner alleges that as a result of receiving the varicella vaccinations, she 

suffered disseminated varicella vaccine-strain viral disease or varicella vaccine-strain viral 

reactivation. Stipulation at ¶ 4. 

On September 2, 2020, respondent filed a stipulation providing that a decision should be 

entered awarding compensation to petitioner. Respondent denies that the varicella vaccines are

the cause of petitioner’s alleged injuries, or any other injury or her current condition. Id. at ¶ 6. 

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because 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/aggregator/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. Id.

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 citations 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 compensation for all damages that would 

be available 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).