VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00457
Package ID: USCOURTS-cofc-1_11-vv-00457
Petitioner: Asia Copperthite
Filed: 2011-07-11
Decided: 2016-03-07
Vaccine: Pediarix; Hib; Prevnar
Vaccination date: 2008-01-02
Condition: seizure disorder and death allegedly following Pediarix, Hib, and Prevnar vaccines
Outcome: compensated
Award amount USD: 254907.48

AI-assisted case summary:
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.

Theory of causation field:
Petitioner alleged that Pediarix, Hib, and Prevnar vaccines administered on January 2, 2008, to Asia Copperthite caused a seizure disorder and death on July 22, 2009. The case was compensated via joint stipulation, not through a litigated causation ruling. The public record lacks details on Asia's date of birth, exact age, first seizure date, clinical course, emergency or hospital records, diagnostic testing, autopsy findings, expert reports, or a biological mechanism. Respondent denied causation. Special Master Thomas L. Gowen adopted the joint stipulation on damages on March 7, 2016, awarding $254,907.48, comprising $79,907.48 for a Virginia Medicaid lien and $175,000.00 to the estate. A separate October 20, 2015 decision awarded $82,823.00 in attorneys' fees and costs to petitioner's counsel, Elaine W. Sharp. Note: The attorneys' fees decision listed Pediarix, Hib, and MMR vaccines, while the compensation decision listed Pediarix, Hib, and Prevnar; the latter vaccine list controls this summary.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00457-0
Date issued/filed: 2015-11-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/20/2015) regarding 76 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00457-UNJ Document 78 Filed 11/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-457V
Filed: October 20, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ASHLEY COPPERTHITE, as next friend and *
mother of ASIA COPPERTHITE, deceased, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Elaine W. Sharp, Whitfield Sharp & Sharp, LLC, Marblehead, MA, for petitioner.
Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On July 11, 2011, Ashley Copperthite (“petitioner”) filed a petition on behalf of decedent,
Asia Copperthite, pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§
300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving Pediarix, Hemophilus
influenza type B (“HiB”), and Measles-Mumps-Rubella (“MMR”) vaccinations on January 2,
2008, Asia Copperthite suffered injuries and death on July 22, 2009. Petition at ¶ 12-13, docket
no. 1, filed July 11, 2011. On August 13, 2015, the parties filed a joint status report indicating that
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 (2012)). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:11-vv-00457-UNJ Document 78 Filed 11/13/15 Page 2 of 2
they have reached a tentative settlement and request a 15-week order. See Joint Status Report,
docket no. 73, filed Aug. 13, 2015. A 15-week order was issued on August 14, 2015.
On October 19, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $82,823.00. Stip. for
Fees and Costs ¶ 4, docket no. 75, filed Oct. 19, 2015. Respondent does not object. Id. at ¶ 3. In
accordance with General Order #9, petitioner represents that she did not incur any reimbursable
costs in pursuit of this claim. Id. at ¶ 5.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Elaine W. Sharp, of Whitfield Sharp & Sharp, LLC in the amount of $82,823.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_11-vv-00457-1
Date issued/filed: 2016-04-04
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/07/2016) regarding 86 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-457V
Filed: March 7, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
ASHLEY COPPERTHITE as Next Friend and*
Mother of ASIA COPPERTHITE, deceased, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Pediarix, Hemophilus influenza type
* B; Prevnar; Death.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Elaine W. Sharp, Whitfield, Sharp & Sharp, Marblehead, MA, for petitioner.
Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 11, 2011, Ashley Copperthite (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that as a result of receiving Pediarix, Hemophilus influenza type B, and Prevnar vaccinations on
January 2, 2008, her daughter, Asia Copperthite, suffered a seizure disorder and death. Stipulation
for Award at ¶ 1, 4.
On February 1, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that any of the vaccinations caused the
child’s seizure disorder, or any other injury, and denies that the vaccinations caused her death. Id.
at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
1

Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 2 of 8
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $79,907.48 in the form of a check payable jointly to petitioner and
the Commonwealth of Virginia, Department of Medical Assistance Services.
Petitioner agrees to endorse this payment to the Commonwealth of Virginia,
Department of Medical Assistance Services. This amount represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action
the Commonwealth of Virginia may have against any individual as a result of any
Medicaid payments the Commonwealth of Virginia has made to or on behalf of
Asia Copperthite from the date of her eligibility for benefits through the date of
judgment in this case as a result of her alleged vaccine-related injury suffered on
or about January 2, 2008, under Title XIX of the Social Security Act; and
2) A lump sum payment of $175,000.00 in the form of a check payable to petitioner,
as legal representative of Asia Copperthite’s estate. This amount represents
compensation for all remaining damages that would be available under 42 U.S.C.
§300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amounts for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.2
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 3 of 8

Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 4 of 8

Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 5 of 8

Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 6 of 8

Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 7 of 8

Case 1:11-vv-00457-UNJ Document 87 Filed 04/04/16 Page 8 of 8