VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00047
Package ID: USCOURTS-cofc-1_11-vv-00047
Petitioner: Kyle Xu
Filed: 2014-02-25
Decided: 2014-03-21
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
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.

Theory of causation field:
The public text does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged injury or condition, or the theory of causation for the injury. The case proceeded to a decision on attorney fees and costs following a prior stipulation for compensation. Chief Special Master Denise Kathryn Vowell awarded $60,000.00 for attorney fees and costs, finding the petition was brought in good faith with a reasonable basis, pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). The decision was issued on March 21, 2014, with petitioners represented by Kathy A. Lee and respondent by Jennifer L. Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00047-0
Date issued/filed: 2014-03-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/25/2014) regarding 44 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:11-vv-00047-UNJ Document 48 Filed 03/21/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-47V
Filed: February 25, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
YANPING XU, Natural Father, and *
QIUYUE YU, Natural Mother, of *
KYLE XU, a minor, *
* Attorney Fees and Costs.
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kathy Ann Lee, Cline, Farrell, et al., Indianapolis, IN, for petitioners.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision on August 26, 2013 that awarded compensation pursuant to the parties’ joint
stipulation. On February 24, 2014, the parties filed a stipulation for attorney fees and
costs. The stipulation indicates that respondent does not object to the amount petitioner
is requesting. Additionally, pursuant to General Order #9, the stipulation notes that
petitioners incurred no personal litigation costs.
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 E-Government 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), petitioners have 14 days to identify and move to
delete medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, I agree that the identified material fits
within this definition, I will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).

Case 1:11-vv-00047-UNJ Document 48 Filed 03/21/14 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the total $60,000.003 in
the form of a check payable jointly to petitioners and petitioners’ counsel of
record, Kathy A. Lee, for petitioners’ attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award
encompasses all charges by the attorney against a client, “advanced costs” as well as
fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an
attorney from charging or collecting fees (including costs) that would be in addition to
the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed.
Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the
right to seek review. See Vaccine Rule 11(a).
2