VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00618 Package ID: USCOURTS-cofc-1_13-vv-00618 Petitioner: John Ryng Filed: 2013-08-29 Decided: 2014-06-03 Vaccine: flu Vaccination date: 2011-10-20 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 160000 AI-assisted case summary: John Ryng filed a petition on August 29, 2013, alleging that a flu vaccination received on October 20, 2011, caused him to develop Guillain-Barré Syndrome (GBS) and that he experienced residual effects of his injuries for more than six months. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties subsequently filed a joint stipulation on May 2, 2014, to settle the case. Special Master Thomas L. Gowen reviewed the stipulation and adopted it as the decision of the court. Under the terms of the stipulation, the respondent agreed to pay the petitioner a lump sum of $160,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, the respondent agreed to pay a lump sum of $3,568.29 for attorneys' fees and costs, payable jointly to the petitioner and Merle Marmelstein, as representative and administratrix of the estate of the petitioner's former counsel, David E. Marmelstein, Esq. A further lump sum of $4,970.00 was agreed upon for attorneys' fees and costs, payable jointly to the petitioner and his attorney, Pamela Levin Cameron, Esq. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. The decision was not published, and parties had 14 days to identify and move to delete medical or other information. Theory of causation field: Petitioner John Ryng alleged that a flu vaccination on October 20, 2011, caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on May 2, 2014, to settle the case. Special Master Thomas L. Gowen adopted the stipulation. The award included $160,000.00 for damages, $3,568.29 for attorneys' fees and costs to the estate of former counsel David E. Marmelstein, and $4,970.00 for attorneys' fees and costs to current counsel Pamela Levin Cameron. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged GBS or its link to the flu vaccine. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00618-0 Date issued/filed: 2014-06-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/05/2014) regarding 18 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00618-UNJ Document 22 Filed 06/03/14 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-618V Filed: May 5, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOHN RYNG, * * Petitioner, * Stipulation; GBS; Flu Vaccine; v. * Attorney’s Fees and Costs * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Pamela Levin Cameron, Esq., Moore O’Brien, Yelenak & Foti, Cheshire, CT for petitioner. Justine E. Daigneault, Esq., U.S. Dept. of Justice, Washington, D.C. for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: John Ryng [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on August 29, 2013. Petitioner alleges that he suffered from Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination he received on October 20, 2011. See Stipulation, filed May 2, 2014, at ¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injuries for more than six months. Petition at 2. Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other injury or his current condition. Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:13-vv-00618-UNJ Document 22 Filed 06/03/14 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On May 2, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: a. A lump sum of $160,000.00 in the form of a check payable to petitioner, John Ryng. This amount represents compensation for all damages that would be available under § 300aa-15(a); and b. A lump sum of $3,568.29 in the form of a check payable jointly to petitioner and Merle Marmelstein, as representative and administratrix of the estate of petitioner’s former counsel, David E. Marmelstein, Esq., for attorneys’ fees and costs available under § 300aa-15(e); and c. A lump sum of $4,970.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Pamela Levin Cameron, Esq., for attorneys’ fees and costs available under § 300aa-15(e); and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. Case 1:13-vv-00618-UNJ Document 22 Filed 06/03/14 Page 3 of 7 Case 1:13-vv-00618-UNJ Document 22 Filed 06/03/14 Page 4 of 7 Case 1:13-vv-00618-UNJ Document 22 Filed 06/03/14 Page 5 of 7 Case 1:13-vv-00618-UNJ Document 22 Filed 06/03/14 Page 6 of 7 Case 1:13-vv-00618-UNJ Document 22 Filed 06/03/14 Page 7 of 7