L.Y. v. HHS - MMR, chronic arthritis (2023)

Jeffrey and Tara Young, as parents of L.Y., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 1, 2019. They alleged that their child suffered from chronic arthritis as a result of a Measles, Mumps, and Rubella (MMR) vaccine administered on April 13, 2016.

The petition was amended to include a table-injury claim for chronic arthritis and a causation-in-fact claim for chronic arthritis caused by the MMR and varicella vaccines. Respondent filed a Rule 4(c) report indicating the case was not appropriate for compensation.

Both parties submitted expert reports and medical literature. This decision addresses the Petitioners' motion for interim attorneys' fees and costs, totaling $71,878.60.

The court found that the petition was brought in good faith with a reasonable basis, and that an interim award was justified due to the protracted nature of the proceedings and accumulated fees. The court awarded the full requested amount for attorneys' fees and costs.