Joan Horowitz v. HHS - Influenza, leukocytoclastic vasculitis (2015)
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.
Source PDFs
USCOURTS-cofc-1_14-vv-00874