VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00354
Package ID: USCOURTS-cofc-1_13-vv-00354
Petitioner: Glenn C. Ryan
Filed: 2015-11-30
Decided: 2016-02-29
Vaccine: influenza
Vaccination date: 
Condition: Idiopathic thrombocytopenic purpura (ITP)
Outcome: compensated
Award amount USD: 65500

AI-assisted case summary:
Petitioner Glenn C. Ryan filed a petition on November 30, 2015, alleging that he suffered Idiopathic Thrombocytopenic Purpura (ITP) as a result of receiving an influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the ITP. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on August 24, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable. As a result, the court awarded Glenn C. Ryan a lump sum of $25,000.00 for all damages. Subsequently, on February 5, 2016, the parties filed another stipulation regarding attorney's fees and costs. The court approved a lump sum of $40,500.00, payable jointly to Petitioner and his counsel, Anne C. Toale. The total compensation awarded to Glenn C. Ryan, including damages and attorney's fees, was $65,500.00.

Theory of causation field:
Petitioner Glenn C. Ryan alleged that he suffered Idiopathic Thrombocytopenic Purpura (ITP) as a result of receiving an influenza vaccine. The respondent denied causation. The parties stipulated to a settlement. The public decision does not describe the specific vaccine date, the onset of symptoms, medical examinations, treatments, or the mechanism of injury. No experts were named in the public decision. The stipulation resulted in an award of $25,000.00 for damages and $40,500.00 for attorney's fees and costs, totaling $65,500.00. Special Master Brian H. Corcoran issued the decision by stipulation on December 21, 2015, and the attorney's fees decision on February 29, 2016. Petitioner was represented by Anne Carrion Toale, and Respondent was represented by Amy Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00354-0
Date issued/filed: 2015-12-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/30/2015) regarding 54 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00354-UNJ Document 58 Filed 12/21/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-354V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
GLENN C. RYAN, *
*
Petitioner, * Filed: November 30, 2015
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Idiopathic thrombocytopenic
SECRETARY OF HEALTH AND * purpura (“ITP”).
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Amy Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On May 23, 2013, Petitioner Glenn Ryan filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered Idiopathic
thrombocytopenic purpura (“ITP”), and related complications as a result of receiving the influenza
(“flu”) vaccine.
Respondent denies that Petitioner’s ITP was caused by the receipt of the flu vaccine.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request
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). Otherwise, the whole decision will be
available to the public. (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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012).

Case 1:13-vv-00354-UNJ Document 58 Filed 12/21/15 Page 2 of 7
filed August 24, 2015, that the issues before them can be settled and that a decision should be
entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
A lump sum of $25,000.00, 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).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their
right to seek review.
2

CCaassee 11::1133--vvvv--0000335544--UUNNJJ DDooccuummeenntt 5528 FFiilleedd 1112//3201//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000335544--UUNNJJ DDooccuummeenntt 5528 FFiilleedd 1112//3201//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000335544--UUNNJJ DDooccuummeenntt 5528 FFiilleedd 1112//3201//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000335544--UUNNJJ DDooccuummeenntt 5528 FFiilleedd 1112//3201//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000335544--UUNNJJ DDooccuummeenntt 5528 FFiilleedd 1112//3201//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00354-1
Date issued/filed: 2016-02-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/5/2016) regarding 60 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00354-UNJ Document 63 Filed 02/29/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-354V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
GLENN C. RYAN, *
* Filed: February 5, 2016
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner
Amy Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On May 23, 2013, Glenn Ryan filed a petition seeking compensation under the National
Vaccine Injury Compensation Program. On November 30, 2015, the parties filed a stipulation
detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the
parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation.
On February 5, 2016, counsel for both parties filed another joint stipulation, this time in
regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $40,500.00, in the form of a check payable to Petitioner and Petitioner’s
counsel. This amount represents a sum to which Respondent does not object. In addition, and in
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request
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). Otherwise, the whole decision will be
available to the public. (Id.)

Case 1:13-vv-00354-UNJ Document 63 Filed 02/29/16 Page 2 of 2
compliance with General Order No. 9, Petitioner has represented that he did not incur any
reimbursable costs in proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of a check in the amount of $40,500.00 payable jointly to
Petitioner and Petitioner’s counsel, Anne C. Toale, Esq. In the absence of a motion for review
filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.2
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.