VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00111
Package ID: USCOURTS-cofc-1_16-vv-00111
Petitioner: Ganesh Upadhiai
Filed: 2018-06-25
Decided: 2018-09-26
Vaccine: influenza
Vaccination date: 2013-01-14
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Ganesh Upadhiai filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on January 14, 2013. The petition stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had not received a prior award or settlement. Respondent denied that the flu vaccine caused GBS or any other injury. Despite the denial, the parties filed a joint stipulation on damages, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ganesh Upadhiai was awarded a lump sum of $100,000.00, plus an amount sufficient to purchase an annuity contract. These amounts represent compensation for all items of damages available under the Vaccine Act.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00111-0
Date issued/filed: 2018-09-26
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/25/2018) regarding 55 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00111-UNJ Document 57 Filed 09/26/18 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0111V
Filed: June 25, 2018
UNPUBLISHED
GANESH UPADHIAI,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Robert Connolly, Connolly Law Firm, PC, Mineola, NY, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 27, 2016, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as
a result of his January 14, 2013 influenza (“flu”) vaccination. Petition at 1; Stipulation,
filed June 22, 2018, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was
administered within the United States, that he suffered the residual effects of his injury
for more than six months, and that there has been no prior award or settlement of a civil
action on his behalf as a result of his injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 21,
23-24. “Respondent denies that the flu vaccine caused petitioner to suffer from GBS or
any other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on June 22, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact 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 (2012).

Case 1:16-vv-00111-UNJ Document 57 Filed 09/26/18 Page 2 of 8
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
a. A lump sum of $100,000.00 in the form of a check payable to petitioner; and
b. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached joint stipulation, paid to the life insurance
company from which the annuity will be purchased (the “Life Insurance
Company”).
These amounts represent compensation for all items of damages that would be
available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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