{"package_id":"USCOURTS-cofc-1_13-vv-01002","decision_granule_id":"USCOURTS-cofc-1_13-vv-01002-2","petitioner_identifier":"Nicholas Copenhaver","is_minor":1,"age_at_vaccination":0.33,"age_unit_raw":"years","vaccine_type":"Pentacel","vaccination_date":"2013-07-12","condition_raw":"Sudden Infant Death Syndrome (SIDS)","condition_category":"death","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2016-05-31","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:31:52.296769+00:00","number_of_concurrent_vaccines":3,"dose_number":2,"time_to_onset_days":3,"theory_of_causation":"Petitioners Dillon and Amanda Copenhaver alleged that the Pentacel, Prevnar 13, and Rotateq vaccines administered to their four-month-old son, Nicholas Copenhaver, on July 12, 2013, caused his death from Sudden Infant Death Syndrome (SIDS) on July 15, 2013. Their theory, supported by experts Dr. Douglas Miller and Dr. David Axelrod, posited that vaccinations act as an extrinsic stressor, similar to infections, by inducing cytokine production. These cytokines were alleged to cross the blood-brain barrier and impair the brainstem's function, specifically the autoresuscitation process, in a vulnerable infant with a potential intrinsic brain defect, thereby leading to an apneic episode from which he did not recover. The respondent argued, through experts Dr. Brent Harris and Dr. Christine McCusker, that medical literature does not support vaccinations as an extrinsic stressor for SIDS and that cytokines are unlikely to cause brain damage in the manner proposed. The Special Master denied the petition, finding the petitioners failed to establish a persuasive theory, citing the superior qualifications of Dr. McCusker in immunology, the lack of literature support for the proposed mechanism, and the absence of evidence that cytokines were present in Nicholas's brain or that his brain had a defect. The court affirmed the denial, agreeing that the petitioners failed to meet the Althen criteria for causation, particularly the requirement for a reputable medical or scientific explanation and a logical sequence of cause and effect. The case was denied entitlement, but interim attorneys' fees and costs totaling $104,684.98 were awarded.","is_death":1,"date_of_death":"2013-07-15","petition_filed_date":"2013-12-19","case_summary":"On December 19, 2013, Dillon and Amanda Copenhaver, on behalf of their deceased minor child, Nicholas Copenhaver, filed a petition for vaccine injury compensation. They alleged that vaccinations administered on July 12, 2013, caused Nicholas's death three days later, on July 15, 2013, which was classified as Sudden Infant Death Syndrome (SIDS). The petitioners' theory, supported by experts Dr. Douglas Miller (neuropathologist) and Dr. David Axelrod (immunologist), proposed that the vaccinations induced cytokine production, which then interfered with Nicholas's brain function, preventing him from rousing himself during an episode of respiratory distress. This theory was presented as an extension of the \"triple risk model\" for SIDS, which posits that a vulnerable infant during a vulnerable period encountering an external stressor can lead to SIDS. The petitioners argued that vaccinations could serve as such an external stressor through cytokine expression, similar to infections.\n\nThe respondent, the Secretary of Health and Human Services, presented expert testimony from Dr. Brent Harris (neuropathologist) and Dr. Christine McCusker (pediatric immunologist). The respondent's experts argued against the petitioners' theory, emphasizing that medical literature did not support the idea that vaccinations act as an extrinsic stressor in the same way as factors that impair breathing, and that the presence of cytokines does not necessarily indicate causation of harm. Dr. McCusker, in particular, was noted for her superior qualifications in immunology.\n\nA hearing was held on July 30-31, 2015. Special Master Christian J. Moran issued a decision on May 31, 2016, denying the petition. The Special Master found that the petitioners failed to establish a persuasive case. Key reasons included the superior qualifications of the respondent's expert, Dr. McCusker, in immunology, and the lack of support in the medical literature for the petitioners' theory that vaccinations act as an extrinsic stressor by impairing brain function through cytokines. The decision noted that while infections can impair breathing, the petitioners did not present persuasive evidence that cytokines obstruct ventilation. Furthermore, the court found that the petitioners' case relied on assumptions about Nicholas's brain and cytokine levels, as there was no direct evidence of cytokines being present at the time of his death. The Special Master also found that the petitioners' experts, Dr. Axelrod and Dr. Miller, lacked sufficient expertise in immunology and cytokines compared to Dr. McCusker. The court upheld the Special Master's denial, concluding that the petitioners did not meet their burden of proving causation by a preponderance of the evidence. The petitioners' argument that Dr. Harris admitted the possibility of vaccination playing a role was interpreted by the Special Master as contemplation rather than admission, especially given Dr. Harris's other testimony discounting vaccinations as a factor. The temporal relationship between the vaccination and death (approximately 2.5 days) was found to be within the petitioners' proposed window, but this alone was insufficient without a persuasive theory of causation.\n\nOn June 30, 2016, the petitioners filed a Motion for Review. Senior Judge Loren A. Smith reviewed the Special Master's decision and, in an opinion issued on October 20, 2016, affirmed the denial. The court found that the Special Master's conclusions were not arbitrary or capricious, upholding the decision that the petitioners failed to establish causation. The court agreed that the medical literature did not support extending the Triple Risk Model to include vaccination as an extrinsic stressor for SIDS and that the petitioners failed to provide a \"reputable medical or scientific explanation\" for their theory. The court also found that the Special Master did not err in weighing the expert testimony, giving greater weight to Dr. McCusker's expertise in immunology over Dr. Axelrod's. The court denied the motion for review.\n\nSeparately, on October 21, 2015, Special Master Christian J. Moran awarded the petitioners interim attorneys' fees and costs in the total amount of $104,684.98, based on a stipulation between the parties.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Andrew D. Downing","petitioner_attorney_firm":"Van Cott & Talamante, PLLC","petitioner_attorney_location":"Phoenix, AZ","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|andrew-downing|","firm_canonical_key":"van-cott-and-talamante","package_title":"COPENHAVER et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01002","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01002.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01002.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_13-vv-01002-0","title":"COPENHAVER et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 09/28/2015) regarding 67 DECISION Interim Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.","date_issued":"2015-10-21","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_13-vv-01002/granules/USCOURTS-cofc-1_13-vv-01002-0/pdf","pdf_bytes":249169,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'stipulation'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_13-vv-01002/USCOURTS-cofc-1_13-vv-01002-0"},{"granule_id":"USCOURTS-cofc-1_13-vv-01002-1","title":"COPENHAVER et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 5/31/16) regarding 73 DECISION of Special Master. Signed by Special Master Christian J. Moran. (dh) Copy to parties.","date_issued":"2016-06-21","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_13-vv-01002/granules/USCOURTS-cofc-1_13-vv-01002-1/pdf","pdf_bytes":526567,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_13-vv-01002/USCOURTS-cofc-1_13-vv-01002-1"},{"granule_id":"USCOURTS-cofc-1_13-vv-01002-2","title":"COPENHAVER et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"Docketed for Administrative Purposes JUDGE VACCINE REPORTED OPINION denying Petitioners' motion for review. Signed by Senior Judge Loren A. Smith. (jt1) Copy to parties.","date_issued":"2016-10-20","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_13-vv-01002/granules/USCOURTS-cofc-1_13-vv-01002-2/pdf","pdf_bytes":349574,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_13-vv-01002/USCOURTS-cofc-1_13-vv-01002-2"},{"granule_id":"USCOURTS-cofc-1_13-vv-01002-3","title":"COPENHAVER et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/31/2016) regarding 86 DECISION of Special Master - Fees. Signed by Special Master Christian J. Moran. (SP) Copy to parties.","date_issued":"2016-11-28","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}