In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 15-432V 

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. *

 *

* * * * * * * * * * * * * * * 

Jeffrey S. Pop, Esq., Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. 

Lisa A. Watts, Esq., US Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Roth, Special Master: 

 Maria Esther Garcia [“petitioner”] filed a petition for compensation under the National 

Vaccine Injury Compensation Program2on 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 

immunization caused petitioner’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 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this 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 subparagraph of 42 U.S.C. § 300aa (2012).
Respondent agrees to issue the following payments: 

(1) A lump sum of $50,000.00 in the form of a check payable to petitioner, Maria 

Esther Garcia. This amount represents compensation for all damages that would be 

available 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’ stipulation 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 UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS

_______________________________________ 

MARIA ESTHER GARCIA, ) 

 ) ECF

Petitioner, )

)

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 hereby stipulated by and between the parties, the following factual matters:

1. Jeffrey S. Pop is the attorney of record for petitioner in this matter. Other

members of his firm, Jeffrey S. Pop & Associates, also worked on this case.

2. The parties informally discussed petitioner’s preliminary Application for

Attorneys’ Fees and Costs. Based on these discussions, 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 parties 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 Stipulation does not represent an agreement 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

Respectfully submitted,

ATTORNEY OF RECORD FOR ATTORNEY OF RECORD FOR

PETITIONER: RESPONDENT:

s/Jeffrey S. Pop s/Lisa A. Watts

JEFFREY S. POP, ESQ. LISA A. WATTS

JEFFREY S. POP & ASSOCIATES 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