Bryan Comeaux And Kelly Comeaux, Parents Of Caroline Comeaux v. HHS - Rotavirus, intussusception (2014)
Case summary [AI summaries can sometimes make mistakes]
Bryan and Kelly Comeaux, parents of Caroline Comeaux, a minor child, filed a petition on April 10, 2014, seeking compensation. They alleged that the rotavirus vaccine administered to Caroline on July 22, 2011, caused her to suffer intussusception.
The parties previously reached a stipulation of fact regarding Caroline's injury, and petitioners received compensation based on this stipulation. This decision addresses attorneys' fees and costs.
Petitioners initially applied for $27,151.00 for attorneys' fees and costs, plus $350.00 for out-of-pocket litigation expenses. Respondent raised objections to certain items in the application.
Following discussions, petitioners amended their application to request a total of $23,748.00, an amount to which respondent did not object. Special Master Christian J.
Moran awarded a lump sum of $23,398.00, payable to petitioners and their attorney, Michael L. Cave of the Cave Law Firm, for attorneys' fees and litigation costs.
Additionally, a lump sum of $350.00 was awarded, payable to petitioners Bryan and Kelly Comeaux, for their out-of-pocket litigation expenses. The decision was filed on May 1, 2014.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of injury. The respondent was represented by Traci R.
Patton of the U.S. Department of Justice.
Theory of causation
Petitioners Bryan and Kelly Comeaux, parents of Caroline Comeaux, alleged that the rotavirus vaccine administered on July 22, 2011, caused intussusception. The case resulted in a stipulation of fact and compensation for the injury. This decision specifically addresses attorneys' fees and costs. Petitioners sought $23,398.00 for attorneys' fees and costs and $350.00 for out-of-pocket expenses, which was awarded by Special Master Christian J. Moran on May 1, 2014, as respondent did not object to the amended amount. The theory of causation was based on the Vaccine Injury Table, as indicated by the outcome of compensation following a stipulation. The public text does not name specific medical experts or detail the mechanism of injury beyond the general allegation of causation by the vaccine.
Source PDFs
USCOURTS-cofc-1_12-vv-00348