VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00348
Package ID: USCOURTS-cofc-1_12-vv-00348
Petitioner: BRYAN COMEAUX and KELLY COMEAUX, parents of CAROLINE COMEAUX
Filed: 2014-04-10
Decided: 2014-05-01
Vaccine: rotavirus
Vaccination date: 2011-07-22
Condition: intussusception
Outcome: compensated
Award amount USD: 23748

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00348-0
Date issued/filed: 2014-05-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/10/2014) regarding 39 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00348-UNJ Document 41 Filed 05/01/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * *
BRYAN COMEAUX and *
KELLY COMEAUX, parents of *
CAROLINE COMEAUX, a minor child, *
* No. 12-348V
Petitioners, * Special Master Christian J. Moran
*
v. * Filed: April 10, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Michael Langdon Cave, Cave Law Firm, Baton Rouge, LA, for Petitioner;
Traci R. Patton, U.S. Department of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On March 13, 2014, respondent filed a stipulation of fact concerning final
attorney’s fees and costs in the above-captioned matter. Previously, petitioners filed an
Application for Attorneys’ Fees and Costs (“Application”) on March 4, 2014. Petitioners
requested $27,151.00 for attorneys’ fees and costs, and $350.00 for petitioners’ costs.
Upon review of petitioner’s application, respondent raised objections to certain items.
Based on subsequent discussions, petitioners amended their application to request a total
of $23,748.00, an amount to which respondent does not object. The Court awards this
amount.
On June 1, 2012, Bryan and Kelly Comeaux filed a petition for compensation, on
behalf of their daughter, Caroline Comeaux, alleging that the rotavirus vaccine, which
Caroline received on July 22, 2011, caused her to suffer intussusception. Petitioners
received compensation received compensation based upon the parties’ stipulation.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00348-UNJ Document 41 Filed 05/01/14 Page 2 of 2
Decision, filed Dec. 19, 2013. Because petitioners received compensation, they are
entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioners seek a total of $23,398.00 in attorneys’ fees and costs for their counsel.
Additionally, in compliance with General Order No. 9, petitioners state that they incurred
$350.00 in out-of-pocket litigation expenses while pursuing this claim. Respondent has
no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $23,398.00 in the form of a check made payable to
petitioners and petitioners’ attorney, Michael L. Cave, of the Cave Law
Firm, for attorneys’ fees and other litigation costs available under 42
U.S.C. § 300aa-15(e).
b. A lump sum of $350.00, payable to petitioners, Bryan and Kelly Comeaux,
for costs they incurred in pursuit of the petition.
The Court thanks the parties for their cooperative efforts in resolving this matter.
The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2