In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-0739V 

Filed: February 8, 2016

Unpublished

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

NINEBETH GAL, * 

 * Joint Stipulation on Damages; 

 Petitioner, * Influenza (“flu”) Vaccine; Shoulder

 * Injury; Attorneys’ Fees and Costs;

 * Special Processing Unit (“SPU”)

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.

Lisa A. Watts, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On July 16, 2015, Ninebeth Gal (“petitioner”) filed a petition for compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et 

seq.,

2 (the “Vaccine Act”). Petitioner alleges that she developed a left shoulder injury

due to the receipt of an influenza (“flu”) vaccine on December 21, 2012. Petition at 1; 

Stipulation, filed Feb. 8, 2016, at ¶¶ 1, 2, 4. Petitioner further alleges she suffered the 

effects of this injury for at least six months. Pet. at ¶ 21; Stip. at ¶ 4. Respondent 

denies that the flu vaccine caused petitioner’s alleged left shoulder injury, or any other 

injury, and further denies that petitioner’s current disabilities are sequelae of a vaccinerelated injury. Stip. at ¶ 6. 

Nevertheless, on February 8, 2016, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. The undersigned 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact 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).
2

finds the stipulation reasonable and adopts it as the decision of the Court in awarding 

damages, on the terms set forth therein.

Additionally, the parties stipulated to an award of attorneys’ fees and costs. The 

Vaccine Act permits an award of reasonable attorneys’ fees and costs. Based on the 

reasonableness of petitioner’s request and the lack of any objection by respondent, the 

undersigned GRANTS the request for approval and payment of attorneys’ fees and 

costs. 

The parties stipulated that petitioner shall receive the following compensation:

A. A lump sum payment of $95,000.00 in the form of a check payable to 

petitioner, Ninebeth Gal. Stip. at ¶ 8. This amount represents compensation 

for all items of damages that would be available under 42 U.S.C. § 300aa-15(a).

B. A lump sum payment of $8,428.003 in the form of a check payable to 

petitioner and petitioner’s attorney, Jeffrey S. Pop, for attorneys’ fees and 

costs available under 42 U.S.C. § 300aa-15(e); and in compliance with General 

Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding 

on the petition. Id.

The undersigned approves the requested amount for petitioner’s compensation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment in accordance with this decision.4

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

 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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.