VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00410 Package ID: USCOURTS-cofc-1_23-vv-00410 Petitioner: Michelle Wombold Filed: 2023-03-24 Decided: 2025-05-27 Vaccine: Tdap Vaccination date: 2020-04-28 Condition: adhesive capsulitis, or in the alternative... brachial neuritis (also called Parsonage-Turner syndrome, or PTS) Outcome: compensated Award amount USD: 13000 AI-assisted case summary: Michelle Wombold filed a petition for vaccine compensation on March 24, 2023, alleging that a Tdap vaccine she received on April 28, 2020, caused her to develop adhesive capsulitis or, alternatively, brachial neuritis (Parsonage-Turner syndrome). The Tdap vaccine is listed on the Vaccine Injury Table. Ms. Wombold alleged that she experienced residual effects from her condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccination caused the alleged injuries or that the current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 27, 2025, agreeing to settle the case. The court adopted the stipulation, awarding Ms. Wombold a lump sum of $13,000.00 as compensation for all damages. This award represents a negotiated settlement of liability and damages, and does not constitute an admission by the government that the Tdap vaccine caused Ms. Wombold's alleged conditions. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00410-0 Date issued/filed: 2025-07-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/27/2025) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00410-UNJ Document 44 Filed 07/01/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0410V MICHELLE WOMBOLD, Chief Special Master Corcoran Petitioner, v. Filed: May 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 24, 2023, Michelle Wombold filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On or about April 28, 2020, Petitioner received a tetanus-diphtheria- acellular pertussis (“Tdap”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that the Tdap vaccine caused her to develop adhesive capsulitis, or in the alternative that the Tdap vaccine caused her to develop brachial neuritis (also called Parsonage-Turner syndrome, or PTS) within the Table time frame, and further alleges that she experienced the residual effects of her condition for more than six months. 1Because 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. 2National 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 1:23-vv-00410-UNJ Document 44 Filed 07/01/25 Page 2 of 7 Respondent denies that Petitioner sustained a PTS Table injury; denies that the Tdap vaccination caused Petitioner’s alleged adhesive capsulitis, or any other injury or condition; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, on May 27, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $13,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:23-vv-00410-UNJ Document 44 Filed 07/01/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHELLE WOMBOLD, Petitioner, v. No. 23-410 Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related Lo petitioner's receipt of the tetanus, diphtheria, and acellular pertussis ("Tdup") vaccination, which is a vaccine contained in the Vaccine Injwy Table (the "Table"), 42 C.F.R. § 100.J(a). 2. Petitioner received the Tdap vaccination on or about April 28, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that the Tdap vaccine caused her to develop adhesive capsulitis, or in the alternative that the Tdap vaccine caused her to develop brachia! neuritis (also called Parsonage Turner Syndrome, or PTS) within the Table time frame, and further alleges that she experienced the residual effects of her condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. Case 1:23-vv-00410-UNJ Document 44 Filed 07/01/25 Page 4 of 7 6. Respondent denies that petitioner suffered a PTS Table injury; denies that the Tdap vaccination caused petitioner's alleged adhesive capsulitis, or any other injw-y or condition; and denies that petitioner's current condition is a scqucla of a vaccine.related injury. 7. Maintaining their above.stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment rct1ecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa•2l(a)(l), the Secretary of Health and Human Services will issue the fol lowing vaccine compensation payment: A lump sum payment of $13,000.00 to be paid through an ACH deposit to petitioner's counsel's IOL TA 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). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner bas filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' foes and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entiti~s that provide healtb services on a pre-paid basis. -2- Case 1:23-vv-00410-UNJ Document 44 Filed 07/01/25 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded pursuant to paragraph 9, will be made in accordance with 42 U. S.C. § 300aa-l 5(i), subject to the availability of sufficient statuto.ry funds. 12. The parties nnd their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past tmreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject lo the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, adm.i nistrators, successors or assigns, docs forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and 1l uman Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or that may be alleged to have resulted from, the Tdap vaccination administered on April 28, 2020, as alleged in a petition for vaccine compensation filed on or about March 24, 2023, in the United States Court of Federal Claims as petition No. 23-04JOV. 14. ff petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. -3 - Case 1:23-vv-00410-UNJ Document 44 Filed 07/01/25 Page 6 of 7 15. If the special master foils to issue a decision in complete confonnity with the terms of this Stjpulation or if the Court of Federal Claims fails to e11ter judgment in confonnity with a decision that is in complete confom1ity with the terms of this Stipulation, then the partie::l' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation ~xpresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages a.nd further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged adhesive capsulitis or PTS, or any other injmy or condition, or that petitioner suffered a Vaccine Table injury. 18. All rights and oh ligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STTPULATTON I I I I I I I -4 - Case 1:23-vv-00410-UNJ Document 44 Filed 07/01/25 Page 7 of 7 Respectfully submitted, PETITIONER: !-1([YuJwlD?Jda gt_d ICHELLE WOMBOLD ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: /