Kyle Xu v. HHS - other (2014)

On February 25, 2014, Yanping Xu, as natural father, and Qiuyue Yu, as natural mother, filed a petition in the National Vaccine Injury Compensation Program on behalf of Kyle Xu, a minor. The respondent was the Secretary of Health and Human Services.

The case involved a prior decision issued on August 26, 2013, which awarded compensation based on a joint stipulation between the parties. On February 24, 2014, the parties filed a stipulation for attorney fees and costs, to which the respondent did not object.

Petitioners' counsel was Kathy A. Lee of Cline, Farrell, et al.

Respondent's counsel was Jennifer L. Reynaud of the U.S.

Department of Justice. Chief Special Master Denise Kathryn Vowell reviewed the stipulation.

She found that the petition was brought in good faith and had a reasonable basis for the claim, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The proposed amount was deemed reasonable.

Chief Special Master Vowell awarded a total of $60,000.00 for attorney fees and costs, payable jointly to the petitioners and their counsel, Kathy A. Lee.

This award was intended to cover all legal expenses, including advanced costs and fees for legal services, and was subject to statutory limitations on additional charges. The decision was issued on March 21, 2014.