Joan Horowitz v. HHS - Influenza, leukocytoclastic vasculitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Joan Horowitz filed a petition on December 4, 2015, alleging that she suffered leukocytoclastic vasculitis (LCV) caused by her receipt of an influenza vaccine on October 28, 2011. She also received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on August 25, 2011.
The respondent, the Secretary of Health and Human Services, denied that either vaccine caused her LCV or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the matter.
Special Master Laura D. Millman adopted the stipulation, awarding Ms.
Horowitz $85,000.00 as reimbursement for all damages. The decision regarding damages was filed on December 4, 2015.
Subsequently, on February 17, 2016, the parties filed a stipulation for attorneys' fees and costs. Ms.
Horowitz sought $27,000.00 for attorneys' fees and costs, to which the respondent did not object. Special Master Millman found this amount to be reasonable and awarded it, payable jointly to Ms.
Horowitz and her attorneys, Maglio, Christopher & Toale, PA. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.
Petitioner was represented by Anne C. Toale, and respondent was represented by Jennifer L.
Reynaud.
Theory of causation
Petitioner Joan Horowitz alleged that her leukocytoclastic vasculitis (LCV) was caused by her October 28, 2011 influenza vaccine, and she also received a Tdap vaccine on August 25, 2011. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $85,000.00 for damages on December 4, 2015. A subsequent stipulation for attorneys' fees and costs in the amount of $27,000.00 was awarded on February 17, 2016, payable jointly to petitioner and her counsel, Maglio, Christopher & Toale, PA. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the LCV. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Jennifer L. Reynaud.
Source PDFs
USCOURTS-cofc-1_14-vv-00874