Asia Copperthite v. HHS - DTaP, seizure disorder and death allegedly following Pediarix, Hib, and Prevnar vaccines (2016)

On July 11, 2011, Ashley Copperthite, as mother and next friend of her deceased daughter, Asia Copperthite, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that Asia received Pediarix, Hemophilus influenza type B (Hib), and Prevnar vaccinations on January 2, 2008, and that these vaccinations caused a seizure disorder and death.

Asia Copperthite died on July 22, 2009. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused the alleged seizure disorder, any other injury, or death.

The case was resolved through a joint stipulation on damages and a separate stipulation for attorneys' fees and costs. The public record does not detail Asia's date of birth, exact age, pre-vaccination health, the date of her first seizure, any emergency medical care, hospitalizations, diagnostic tests, treatments, autopsy findings, or a specific biological theory of causation.

Petitioner was represented by Elaine W. Sharp of Whitfield Sharp & Sharp, LLC.

Respondent was represented by Claudia B. Gangi of the United States Department of Justice.

On October 19, 2015, the parties filed a stipulation for attorneys' fees and costs, requesting a total award of $82,823.00. Special Master Thomas L.

Gowen approved this amount on October 20, 2015, payable jointly to the petitioner and her attorney. On February 1, 2016, the parties filed a joint stipulation on damages.

Special Master Gowen found this stipulation reasonable and adopted it as the Court's decision on March 7, 2016. The total compensation awarded for injury and death was $254,907.48.

This amount included a lump sum of $79,907.48 payable jointly to the petitioner and the Commonwealth of Virginia, Department of Medical Assistance Services, to satisfy Medicaid-related claims. An additional lump sum of $175,000.00 was payable to the petitioner as the legal representative of Asia Copperthite's estate for all remaining Vaccine Act damages.

The public record notes a discrepancy in vaccine types mentioned, with the attorneys' fees decision referencing Pediarix, Hib, and MMR, while the compensation decision references Pediarix, Hib, and Prevnar; the latter is used for the vaccine list in this summary.