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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 868 V

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* * * * * * * * * * * * * * * * UNPUBLISHED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.

DECISION 1

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 recei ving an influenza (“ flu ”) vaccine on or about November 18, 2011

, he

suffered from Guillain

- Barr é Syndrome ( “ GBS ” )

. Stipulation at ¶ 2, 4

. Further, petitioner alleged

that he experienced residual effects of h is 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 tra de 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 o f 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 citatio ns in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

On May 6 , 2015 , the parties filed a stipulation in which they state that a decision should be

entered awarding compensati on. Res pondent 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 par ties 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 amo unt 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.Case 1:13-vv-00868-UNJ Document 37 Filed 05/06/15 Page 5 of 5