VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00868
Package ID: USCOURTS-cofc-1_13-vv-00868
Petitioner: Bernard Zyk
Filed: 2013-11-01
Decided: 2015-09-25
Vaccine: influenza
Vaccination date: 2011-11-18
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Bernard Zyk filed a petition on November 1, 2013, alleging that an influenza vaccine he received on or about November 18, 2011, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury, and also denied that petitioner's current disabilities were the result of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 6, 2015, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $175,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Separately, attorneys' fees and costs totaling $23,250.00 were awarded. This amount included $358.19 for costs incurred by the petitioner. The award was to be paid via check, with the $175,000.00 payable to Bernard Zyk, and the $23,250.00 for fees and costs payable jointly to Bernard Zyk and his attorney, Clifford J. Shoemaker of Shoemaker and Associates. The decision was expedited due to the parties jointly renouncing their right to seek review. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Bernard Zyk alleged that an influenza vaccine received on or about November 18, 2011, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on May 6, 2015, agreeing to compensation. Special Master Nora Beth Dorsey adopted the stipulation. Petitioner was awarded $175,000.00 in a lump sum for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $23,250.00 were awarded separately, with $358.19 for costs payable to petitioner and the remainder to petitioner's counsel, Clifford J. Shoemaker of Shoemaker & Associates. The public decision does not detail the specific medical mechanism, expert testimony, or the Table 1 presumption.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00868-0
Date issued/filed: 2015-05-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/07/2015) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00868-UNJ Document 43 Filed 05/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-868V
Filed: May 7, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
BERNARD ZYK, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Flu vaccine; GBS.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On November 1, 2013, Bernard Zyk (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on or about November 18, 2011, he
suffered from Guillain-Barré Syndrome (“GBS”). Stipulation at ¶ 2, 4. Further, petitioner alleged
that he experienced residual effects of his injury for more than six months. Id. at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by
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).
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. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00868-UNJ Document 43 Filed 05/28/15 Page 2 of 7
On May 6, 2015, the parties filed a stipulation in which they state that a decision should be
entered awarding compensation. Respondent denies that the flu vaccine caused petitioner’s GBS
or any other injury, and also denies that petitioner’s current disabilities are the result of a vaccine-
related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A.
The undersigned finds the stipulation reasonable and adopts 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 of $175,000.00, in the form of a check payable to petitioner, Bernard
Zyk. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves 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
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 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

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Case 1:13-vv-00868-UNJ Document 43 Filed 05/28/15 Page 6 of 7

CCaassee 11::1133--vvvv--0000886688--UUNNJJ DDooccuummeenntt 3473 FFiilleedd 0055//0268//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00868-1
Date issued/filed: 2015-09-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/04/2015) regarding 49 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:13-vv-00868-UNJ Document 52 Filed 09/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 13-868V
Filed: September 4, 2015
* * * * * * * * * * * * * *
BERNARD ZYK, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent does not Object.
Respondent. *
*
* * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On November 1, 2013, Bernard Zyk (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on or about November 18, 2011, he
suffered from Guillian-Barré Syndrome (“GBS”). See Petition at ¶ 5, 6. On May 7, 2015, the
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by 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 entire 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. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00868-UNJ Document 52 Filed 09/25/15 Page 2 of 2
undersigned entered a decision awarding compensation to petitioner based on a joint stipulation
filed by the parties.
On September 3, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
The parties stipulate to a total award of attorneys’ fees and costs in the amount of $23,250.00. In
accordance with General Order #9, petitioner’s counsel represents that petitioner incurred costs in
pursuit of this claim in the amount of $358.19.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by
respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees
and costs.
Accordingly, an award should be made as follows:
1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Clifford Shoemaker, of the law firm Shoemaker & Associates, in the amount of
$23,250.00; and
2) in the form of a check payable to petitioner only in the amount of $358.19.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 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