VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00347
Package ID: USCOURTS-cofc-1_23-vv-00347
Petitioner: Linda Johnson, surviving spouse and legal representative of the estate of Joseph Johnson, Sr.
Filed: 2023-03-09
Decided: 2025-10-06
Vaccine: influenza
Vaccination date: 2021-01-11
Condition: acute disseminated encephalomyelitis and death
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
On March 9, 2023, Linda Johnson, as surviving spouse and legal representative of the estate of Joseph Johnson, Sr., filed a petition alleging that an influenza vaccination Mr. Johnson received on January 11, 2021 caused his death. The decision identifies the alleged vaccine-related condition as acute disseminated encephalomyelitis.

Respondent denied that Mr. Johnson suffered any injury as a result of the flu vaccine and denied that his death was a sequela of allegedly vaccine-related acute disseminated encephalomyelitis. The public decision is a stipulation decision and does not describe Mr. Johnson's symptom onset, hospitalization, diagnostic testing, treatment, expert opinions, or date of death.

On October 6, 2025, Special Master Herbrina D. S. Young adopted the parties' stipulation and awarded $325,000.00 as a lump sum through counsel's IOLTA account for prompt disbursement to Ms. Johnson. The corrected public version states that the decision was corrected on December 3, 2025 to include a corrected stipulation after an omitted page was discovered; the decision itself otherwise remained the October 6, 2025 decision.

Theory of causation field:
Influenza vaccine, January 11, 2021, alleged acute disseminated encephalomyelitis (ADEM) causing death of adult Joseph Johnson, Sr. COMPENSATED by stipulation. Respondent denied vaccine injury and denied death as sequela of allegedly vaccine-related ADEM. Public corrected decision does not provide onset, clinical course, death date, experts, or mechanism. Award: $325,000 lump sum for all Section 15(a) damages, ACH to counsel IOLTA for Linda Johnson as surviving spouse/legal representative. Special Master Herbrina D. S. Young October 6, 2025; corrected December 3, 2025 to include omitted stipulation page. Attorney Brian L. Cinelli; respondent Joseph Douglas Leavitt.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00347-0
Date issued/filed: 2025-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/6/2025) regarding 37 DECISION Stipulation/Proffer. Signed by Special Master Herbrina D S Young. (gf) Service on parties made. Main Document 41 replaced on 12/3/2025 to correct error in Stipulation. See footnote #1 for explanation of correction. (tjk).
--------------------------------------------------------------------------------
Case 1:23-vv-00347-UNJ Document 41 Filed 10/31/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 6, 2025
Corrected: December 3, 20251
* * * * * * * * * * * * * * * * * * * * * * * * *
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.
DECISION2
On March 9, 2023, Linda Johnson (“Petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program3 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 This decision was originally issued on October 6, 2025. On December 2, 2025, Respondent filed a motion
to strike the stipulation filed on October 6, 2025 (ECF No. 36) to correct the omission of page 3 from the
original filing; Respondent concurrently filed a corrected stipulation (ECF No. 43). Thus, the Court hereby
corrects its October 6, 2025 decision to include the corrected stipulation as filed on December 2, 2025.
Other than the addition of this footnote and the substitution of the corrected stipulation, no other changes
have been made to this decision.
2 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.
3 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:23-vv-00347-UNJ Document 41 Filed 10/31/25 Page 2 of 7
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.4
IT IS SO ORDERED.
s/Herbrina D. S. Young
Herbrina D. S. Young
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:23-vv-00347-UNJ Document 41 Filed 10/31/25 Page 3 of 7

Case 1:23-vv-00347-UNJ Document 41 Filed 10/31/25 Page 4 of 7

Case 1:23-vv-00347-UNJ Document 41 Filed 10/31/25 Page 5 of 7

Case 1:23-vv-00347-UNJ Document 41 Filed 10/31/25 Page 6 of 7

Case 1:23-vv-00347-UNJ Document 41 Filed 10/31/25 Page 7 of 7