### 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No. 13-618V Filed: May 5, 2014 (Not to be published)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, Wa shington, D.C. for respondent.

DECISION ON J OINT STIPULATION 1

Gowen, Special Master:

John Ryng [“petitioner”] f iled a petition for compens ation under the National Vaccine Injury Compensation Program 2 on August 29, 2013. Petitioner alleges that he suffered from Guillain-Barre Syndrome [“GB S”] 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 a lleges 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1 Because this unpublished decision contains a reasoned ex planation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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 EGovernment 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 Va ccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that sa tisfies 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 fi ts 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006).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 com pensation for all damages that

would be available un der § 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 judgm ent can be expedited by each party filing a notice renouncing the right to seek review.