Mark Johnson v. HHS - Influenza, constellation of symptoms including severe headache, right-sided facial numbness, vision abnormalities, and memory defects; later diagnosed with viral polyganglionitis, viral polyneuropathy, vestibular neuronitis, vertigo, migraine, cranial neuropathy, encephalitis, and encephalomyelitis; ultimately diagnosed with migraine associated right cochlear-vestibular disorder and right visual disturbance. (2021)

Mark Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 3, 2016, alleging that he suffered a constellation of symptoms, including severe headache, right-sided facial numbness, vision abnormalities, and memory defects, following an influenza vaccine received on November 7, 2013. His initial petition was amended to include diagnoses such as viral polyganglionitis, vestibular neuronitis, encephalitis, and encephalomyelitis.

The case progressed through various procedural stages, including a change in counsel and multiple status conferences. Respondent initially argued that the case was not appropriate for compensation due to unclear injury and lack of expert support.

After several extensions, Petitioner filed an amended petition and an expert report, but Respondent continued to question the clarity of the alleged injury and the expert's report. Ultimately, on November 6, 2019, Petitioner filed a status report indicating a wish to dismiss the case, which was subsequently granted on December 10, 2019.

The decision addresses the attorneys' fees and costs associated with the proceedings, noting that while Petitioner acted in good faith, the case was dismissed, and the court determined the reasonable basis for the claim. The court awarded interim and final attorneys' fees and costs, totaling $40,678.71 and $22,029.09 respectively, despite the dismissal.