Wells v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 24-0450V

TESSA WELLS, Chief Special Master Corcoran

Petitioner, Filed: August 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.

Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On March 25, 2024, Tessa Wells filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), or in the alternative that she suffered injuries caused or significantly aggravated, as a result of both the flu and HPV vaccines she received on November 18, 2022. Petition at 1; Stipulation, filed at August 4, 2025, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of the alleged injury for more than six months. Petition at 6; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu and/or HPV vaccines caused petitioner’s alleged shoulder injury, or any other injury; denies that the flu and/or HPV vaccines significantly aggravated petitioner’s alleged shoulder injury, or any other injury, or any of petitioner’s pre-existing conditions; and denies that the flu and/or HPV vaccines caused petitioner’s current condition.” Stipulation at ¶ 6.

Nevertheless, on August 4, 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. A lump sum of $25,000.00, to be paid through an ACH deposit to

Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and

B. A lump sum of $624.89, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Colorado, in the form of a check payable jointly to Petitioner and Optum:

Optum Attn: Team 2

Ref: Tessa Wellsmartin, Optum Event No. 136835913

PO Box 182643 Columbus, OH 43218-2643

Petitioner agrees to endorse this check to Optum. 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