VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00874
Package ID: USCOURTS-cofc-1_14-vv-00874
Petitioner: Joan Horowitz
Filed: 2015-12-04
Decided: 2016-02-17
Vaccine: influenza
Vaccination date: 2011-10-28
Condition: leukocytoclastic vasculitis
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00874-0
Date issued/filed: 2015-12-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/04/2015) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00874-UNJ Document 27 Filed 12/29/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-874V
Filed: December 4, 2015
Not for Publication
*************************************
JOAN HOROWITZ, *
*
Petitioner, *
Damages decision based on
*
stipulation; leukocytoclastic
v. *
vasculitis (“LcV”); influenza
*
(“flu”) vaccine; tetanus-diphtheria-
SECRETARY OF HEALTH *
acellular pertussis (“Tdap”)
AND HUMAN SERVICES, *
vaccine
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On December 4, 2015, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she suffered
leukocytoclastic vasculitis (“LcV”) that was caused by her October 28, 2011 receipt of influenza
(“flu”) vaccine. Petitioner also received tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine
on August 25, 2011. Respondent denies that the flu or Tdap vaccines caused petitioner’s LcV or
any other injury. Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be
made available to the public unless they contain trade secrets or commercial or financial information that
is privileged and confidential, or medical or similar information whose disclosure would constitute a
clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify
and move to delete such information prior to the document’s disclosure. If the special master, upon
review, agrees that the identified material fits within the banned categories listed above, the special
master shall delete such material from public access.

Case 1:14-vv-00874-UNJ Document 27 Filed 12/29/15 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$85,000.00, representing reimbursement for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the
amount of $85,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: December 4, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.

Case 1:14-vv-00874-UNJ Document 27 Filed 12/29/15 Page 3 of 7

Case 1:14-vv-00874-UNJ Document 27 Filed 12/29/15 Page 4 of 7

Case 1:14-vv-00874-UNJ Document 27 Filed 12/29/15 Page 5 of 7

Case 1:14-vv-00874-UNJ Document 27 Filed 12/29/15 Page 6 of 7

Case 1:14-vv-00874-UNJ Document 27 Filed 12/29/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00874-1
Date issued/filed: 2016-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/17/2016) regarding 29 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00874-UNJ Document 32 Filed 03/09/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-874V
Filed: February 17, 2016
Not for Publication
*************************************
JOAN HOROWITZ, *
*
Petitioner, *
Attorneys’ fees and costs decision
*
based on stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On February 16, 2016, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’
fees and costs to respondent. Based on informal discussions with respondent, petitioner amends
her application for attorneys’ fees and costs to $27,000.00. Respondent does not object to this
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)
(Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document=s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:14-vv-00874-UNJ Document 32 Filed 03/09/16 Page 2 of 2
amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$27,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the
form of a check payable jointly to petitioner and Maglio, Christopher & Toale, PA in the amount
of $27,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: February 17, 2016 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2