# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15 -432 V
Filed: February 11, 2016

* * * * * * * * * * * * * * * MARIA ESTHER GARCIA, *
*

Petitioner, *
*

v. * Joint Stipulation on Damages; Attorney
* Fees and Costs; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH * Post-vaccine Neuropathy AND HUMAN SERVICES, *
*

Respondent. *
*
* * * * * * * * * * * * * * *

J effrey S. Pop, Esq., Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lisa A. Wa tts , Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Roth , Special Master:

Maria Esther Garcia [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program 2 on April 29, 2015. Petitioner alleges that she developed a post-vaccine neuropathy as a result of receiving an influenza immunization on February 3,
2014

. See Stipulation, filed February 10, 2016, at ¶¶ 1-4. Respondent denies that the influenza
immuniz ation caused petitione r’s injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On February 10, 2016, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).Respondent agrees to issue the following payments:

(1) A lump sum of $ 5 0 ,000.00 in the form of a check payable to petitioner, Maria Esther Garcia. This amount represents compensation for all damages that would b e

av ailable under § 300aa-15(a);

(2) A lump sum of $10,292.42, representing compensation for the reimbursement of a State of California Medicaid lien, payable jointly to petitioner and the Department of Health Care Services, Recovery Branch

– MS 4720, P.O. Box 997421, Sacramento, CA 95899-7421. Petitioner agrees to endorse this check to the Department of Health Care Services; and

(3) A lump sum of $18,012.14 in the form of a check made payable to petitioner and petitioner’s attorney, Jeffrey S. Pop, Esq. This amount represents all attorneys’ fees and costs available under § 300aa- 15(e). Petitioner’s counsel represents that, in compliance with General Order #9, petitioner incurred no out-of-pocket expenses.

I adopt the parties’ stipula tion attached hereto, and award compensation in the amount
and on the terms set forth therein. Further, I find that the amount of stipulated fees is reasonable,
and thus an award for fees and costs is appropriate pursuant to § 300aa-15(e)(1). The clerk of the court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.1 IN THE U NITED STATES COURT OF FEDERAL CLAIMS

OFFI CE OF SPECIAL MASTERS

_______________________________________ MARIA ESTHER GARCIA, ) ) ECF
Petition er, ) ) v. ) No. 15-432V ) Special Master SECRETARY OF HEALTH AND HUMAN ) Mindy Michaels Roth SERVICES, ) ) Respondent. ) )

STIPULATION OF FACT CONCERNING ATTORNEYS’ FEES AND COSTS

It is he reby stipulated by and between the parties, the following factual matters:

1. Jeffrey S. Pop is the at torney of record for petitioner in this matter. Other
members of his firm, Jeffrey S. Pop & Associates, also worked on this case.

2. The par ties informally discussed petitioner’s preliminary Application for Attorneys’ Fees and Costs. Based on these discussi ons, petitioner seeks reimbursement for attorneys’ fees and costs in the total amount of $18,012.14. Respondent has no objection to this amount.

3. Pursuant to General Order #9, petitioner represents that she did not personally incur any litigation costs in this matter

.

4. The par ties now request that a decision awarding attorneys’ fees and costs, totaling $18,012.14, payable jointly to petitioner and petitioner’s counsel, be
issued.

5. This S tipulation does not represent an agr eement by either party to the hourly

rates of the professionals who worked on this matter, nor a waiver of any objections that respondent may bring in other cases.2 Resp ectfully submitted,

ATTORNE Y OF RECORD FOR ATTORNEY OF RECORD FOR
PETITIONER: RESPONDENT:

s/Jeffrey S. Pop s/Lisa A. Watts JEFFREY S. POP, ESQ. LISA A. WATTS

J EFFREY S. P OP & A SSOCIATES Senior Trial Attorney 9107 Wilshire Blvd., Ste. 700 Torts Branch, Civil Division Beverly Hills, CA 90210 P.O. Box 146 Tel: (310) 273-5462 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4099

Dated: February 10, 2016 Dated: February 10, 2016