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(Not to be published) 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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 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 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). 
 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.