{"package_id":"USCOURTS-cofc-1_18-vv-01783","decision_granule_id":"USCOURTS-cofc-1_18-vv-01783-0","petitioner_identifier":"Edward Francis Upton","is_minor":0,"age_at_vaccination":63.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-10-19","condition_raw":"Guillain-Barré syndrome","condition_category":"GBS","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2020-10-20","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:11:07.832780+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":38,"theory_of_causation":"Petitioner Edward Francis Upton, age 63, received an influenza vaccine on October 19, 2015. He alleged developing Guillain-Barré syndrome (GBS), specifically a Miller Fisher variant, with symptom onset on November 26, 2015 (38 days post-vaccination). The medical records indicated a pre-existing, long-standing history of fluctuating generalized weakness and neurological issues. Mr. Upton was diagnosed with GBS in January 2016, which is outside the 3-42 day window for GBS under the Vaccine Injury Table. The public decision does not describe the specific medical theory or expert testimony presented by the petitioner to connect the vaccine to the GBS. The Special Master noted the absence of expert testimony to establish a medical theory for an off-Table claim. The case was dismissed for failure to prosecute and insufficient proof, as the petitioner did not comply with court orders to submit outstanding medical records and failed to provide evidence supporting causation. Special Master Christian J. Moran issued the decision on October 20, 2020. Petitioner counsel was Matthew J. Plache, and respondent counsel was Lara A. Englund.","is_death":0,"date_of_death":null,"petition_filed_date":"2018-11-19","case_summary":"Edward Francis Upton filed a petition on November 19, 2018, alleging that he developed Guillain-Barré syndrome (GBS), specifically a Miller Fisher variant, as a result of an influenza vaccination he received on October 19, 2015. Mr. Upton, who was 63 years old at the time of vaccination, claimed that his symptoms began 38 days after vaccination, on November 26, 2015, with increasing weakness in his hands, muscle soreness, and tingling. He reported difficulty holding objects and balance problems. His medical records indicated a long history, spanning years prior to vaccination, of fluctuating generalized weakness, neurological and muscular problems in his lower back and legs, distal paresthesias, muscle twitches, and easy fatigability. At one point, Amyotrophic Lateral Sclerosis (ALS) was considered but ruled out. The first medical record after vaccination was from an emergency room visit on January 28, 2016, where he complained of generalized weakness and slurred speech. He was admitted to the hospital, and a diagnosis of Miller Fisher variant of GBS was made, with a recorded history of symptoms dating back two days prior to admission. The medical records noted his pre-existing long history of fluctuating generalized weakness. The diagnosis date was consistently reported as January 2016. Mr. Upton's petition was filed under the National Childhood Vaccine Injury Act. The respondent was the Secretary of Health and Human Services. The case was before Special Master Christian J. Moran. Mr. Upton requested multiple extensions to file outstanding medical records and a statement of completion. Despite these extensions and subsequent orders, he failed to submit all requested medical records and did not respond to an order to show cause by September 8, 2020. The Special Master noted that the submitted information did not support an on-Table GBS claim, as the diagnosis occurred in January 2016, outside the Table's 3-42 day window following the October 19, 2015 vaccination. Even if Mr. Upton's alleged symptom onset in November 2015 were credited, the medical records did not mention symptoms until the January 28, 2016 emergency room visit, with only a two-day history recorded. The Special Master found that Mr. Upton had not persuasively shown the January 2016 medical records were erroneous and that his affidavits alone, even if credited, did not necessarily mean he was suffering from GBS at the alleged earlier onset. For an off-Table claim, the Special Master found that Mr. Upton presented no expert testimony or other evidence to establish a medical theory connecting the flu vaccine to his GBS, nor did he address a logical sequence of cause and effect or a proximate temporal relationship outside of his on-Table claim. Consequently, the case was dismissed for failure to prosecute and for insufficient proof. The Clerk was ordered to enter judgment accordingly. Petitioner counsel was Matthew J. Plache. Respondent counsel was Lara A. Englund.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":"Edward Francis Upton","petitioner_attorney_name":"Matthew J. Plache","petitioner_attorney_firm":"Law Office of Matthew J. Plache","petitioner_attorney_location":"Wolfeboro, NH","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:45:07","attorney_canonical_keys":"|matthew-plache|","firm_canonical_key":"law-office-of-matthew-j-plache","package_title":"UPTON v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01783","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01783.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01783.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_18-vv-01783-0","title":"UPTON v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 09/24/2020) regarding 37 DECISION of Special Master. Signed by Special Master Christian J. Moran. (hh) Service on parties made.","date_issued":"2020-10-20","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_18-vv-01783/granules/USCOURTS-cofc-1_18-vv-01783-0/pdf","pdf_bytes":261028,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_18-vv-01783/USCOURTS-cofc-1_18-vv-01783-0"}]}