VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00432
Package ID: USCOURTS-cofc-1_15-vv-00432
Petitioner: Maria Esther Garcia
Filed: 2015-04-29
Decided: 2016-08-19
Vaccine: influenza
Vaccination date: 2014-02-03
Condition: post-vaccine neuropathy
Outcome: compensated
Award amount USD: 60292

AI-assisted case summary:
Maria Esther Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2015, alleging she developed post-vaccine neuropathy after receiving an influenza immunization on February 3, 2014. The respondent denied that the vaccine caused her injury. Despite the denial, the parties reached a settlement. The court approved a joint stipulation for damages, awarding Maria Esther Garcia a total of $60,292.42. This amount included $50,000.00 for all damages, $10,292.42 to reimburse a State of California Medicaid lien, and $18,012.14 for attorneys' fees and costs. The decision was issued by Special Master Mindy Michaels Roth on August 19, 2016. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Jeffrey S. Pop, Esq., and respondent was represented by Lisa A. Watts, Esq.

Theory of causation field:
Petitioner Maria Esther Garcia alleged post-vaccine neuropathy following an influenza immunization on February 3, 2014. Respondent denied causation. The parties reached a settlement via joint stipulation. The award included $50,000.00 for all damages, $10,292.42 for a State of California Medicaid lien reimbursement, and $18,012.14 for attorneys' fees and costs, totaling $60,292.42. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Mindy Michaels Roth on August 19, 2016. Petitioner's counsel was Jeffrey S. Pop, Esq., and respondent's counsel was Lisa A. Watts, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00432-0
Date issued/filed: 2016-08-19
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 2/11/2016) regarding 23 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties.
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Case 1:15-vv-00432-UNJ Document 27 Filed 08/19/16 Page 1 of 9
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 Program2 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
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).

Case 1:15-vv-00432-UNJ Document 27 Filed 08/19/16 Page 2 of 9
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.

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Case 1:15-vv-00432-UNJ Document 27 Filed 08/19/16 Page 8 of 9
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.
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Case 1:15-vv-00432-UNJ Document 27 Filed 08/19/16 Page 9 of 9
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
2