XIA v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1924V
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YE XIA, as administrator for 	*
ESTATE OF S.L., 	* 	Chief Special Master Corcoran
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Petitioner, 	* 	Filed: 	November 17, 2025
*
v. 	*
*
SECRETARY OF HEALTH 	*
AND HUMAN SERVICES, 	*
*
Respondent. 	*
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* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Voris Johnson, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 21, 2020, Ye Xia, on behalf of her minor child, S.L., filed this action seeking
compensation 	under 	the 	National 	Vaccine 	Injury 	Compensation 	Program 	(the 	“Vaccine
Program”).2 Petition (ECF No. 1) (“Pet.”) at 1. Petitioner alleged that an influenza vaccine
administered to S.L. on February 1, 2020, caused S.L. to experience autoimmune encephalitis, and
ultimately led to her tragic death. Pet. at 1–2. A one-day Entitlement Hearing was held in
Washington, DC, on October 7, 2024, and I subsequently issued a decision finding entitlement in
favor of the Petitioner. See Ruling, dated Aug. 29, 2025 (ECF No. 90). The parties have since then
endeavored to agree on the proper amount of damages.
1 Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public
in its present form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 State. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) [hereinafter “Vaccine Act” or “the
Act”]. Individual section references will be to § 300aa of the Act (but will omit that statutory prefix).
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On November 13, 2025, Respondent filed a proffer proposing an award of compensation.
Proffer, dated Nov. 13, 2025 (ECF No. 96). I have reviewed the filing, and, based upon that review,
I conclude that the Respondent’s proffer (as attached hereto) is reasonable. I therefore adopt it as
my Decision in awarding damages on the terms set forth therein.
The proffer awards:
• 	$500,000.00, representing compensation for pain and suffering ($250,000.00) and the
statutory death benefit ($250,000.00), to Petitioner Ye Xia, as administrator/personal
representative of the estate of S.L., to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement;3 and
• 	$4,530.37, reflecting medical costs Petitioner incurred in past reimbursable expenses
related to S.L.’s alleged vaccine-related injury and death, also to be paid through an
ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement.
Proffer at 2. This amount represents compensation for all damages elements under 42 U.S.C. §
300aa-15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner (in a total lump sum payment of $504,530.37). In the absence of a Motion for Review
filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Petitioner also represents that she presently is, or within 90 days of the date of judgment will become, duly authorized
to serve as administrator/personal representative of S.L.’s estate under the laws of the State of Ohio. No payments
shall be made until Petitioner provides Respondent with documentation establishing that she has been appointed as
the administrator/personal representative of S.L.’s estate. If Petitioner is not authorized by a court of competent
jurisdiction to serve as administrator/personal representative of the estate of S.L., any such payment shall be made to
the party or parties appointed by a court of competent jurisdiction to serve as administrator(s)/personal
representative(s) of the estate of S.L. upon submission of written documentation of such appointment to respondent.
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
YE XIA, administrator of the estate of S.L.,
deceased,
Petitioner,
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
No. 20-1924 (ECF)
Chief Special Master Corcoran
PROFFER ON AWARD OF COMPENSATION
I. 	Procedural History
On December 21, 2020, Ye Xia (“petitioner”), on behalf of her deceased daughter, S.L.,
filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that an influenza vaccination
administered to S.L. on February 1, 2020, caused her to suffer a neurological injury resulting in
her death. ECF Doc. 1. On August 29, 2025, the Chief Special Master issued a Ruling on
Entitlement (ECF Doc. 90), finding that petitioner has established entitlement to compensation
under the Act for S.L.’s death.
Respondent now proffers that petitioners receive the compensation award described
below. 1
1 The parties have no objection to the amount of the proffered award of damages. However,
respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(f), to seek review of the Special
Master’s August 29, 2025 Ruling on Entitlement, finding petitioner entitled to an award under
the Vaccine Act. This right accrues following the issuance of the damages decision.
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II. 	Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner, as
administrator/legal representative of S.L.’s estate, should be awarded $250,000.00 for S.L.’s
actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Petitioner has supplied evidence that she incurred past unreimbursable expenses related
to S.L.’s alleged vaccine-related injury and death. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $4,530.37. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Death Benefit
Respondent proffers that petitioner, as administrator/legal representative of S.L.’s estate,
should be awarded the $250,000.00 statutory death benefit. See 42 U.S.C. § 300aa-15(a)(2).
Petitioner agrees.
These amounts represent compensation for all elements of damages to which petitioner is
entitled under 42 U.S.C. § 300aa-15(a). 2 Petitioner agrees.
III. 	Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through two lump sum payments, as described below, and respectfully request that the Chief
Special Master’s decision and the Court’s judgment award the following:
2 This proffer does not include attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e).
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1. 	A lump sum payment of $500,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Ye Xia,
as administrator/personal representative of the estate of S.L. 3
2. 	A lump sum payment of $4,530.37 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4136
Email: voris.johnson@usdoj.gov
Date: November 13, 2025
3 Petitioner represents that she presently is, or within 90 days of the date of judgment will
become, duly authorized to serve as administrator/personal representative of S.L.’s estate under
the laws of the State of Ohio. No payments shall be made until petitioner provides respondent
with documentation establishing that she has been appointed as the administrator/personal
representative of S.L.’s estate. If petitioner is not authorized by a court of competent jurisdiction
to serve as administrator/personal representative of the estate of S.L., any such payment shall be
made to the party or parties appointed by a court of competent jurisdiction to serve as
administrator(s)/personal representative(s) of the estate of S.L. upon submission of written
documentation of such appointment to respondent.
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