prescribe a stool softener for patients who were discharged with a prescription of opiates. Most seriously the lawsuit cited the death of a child during surgery after Dr. Kalamas had warned John Muir Health that it was not qualified to do this particular type of surgery. On April 6, 2022 Horowitz sued John Muir Health on behalf of Tom and Truc-Co Jong whose 2 year old daughter Ailee died when she was having complex liver surgery at the hospital. The lawsuit says that John Muir Health had been warned by doctors in its own system that the facility was not qualified to handle this type of surgery and that the child was in serious danger. The warnings were rejected and the surgery proceeded. Ailee died in surgery. The lawsuit alleges that profit drove the decision to proceed with the surgery. The story was extensively covered in the San Francisco Chronicle. On April 15, 2022 the Medical Board for the State of California announced that they were launching an investigation of the death of Ailee Jong. Marriage to Pamela Vitale Horowitz met Pamela Vitale when she worked in Hollywood as an independent movie producer. He had written a screenplay about one of his cases and was shopping it around. They married in 1994. On October 15, 2005, he found his wife dead at the mobile home in Lafayette where the couple had lived since they were married. At the time, Horowitz was defending Susan Polk in her murder trial. Two days after the murder, Horowitz was interviewed by MSNBC anchor Dan Abrams who reported that Horowitz said "his wife—quote—'fought like hell,' as indicated by defensive wounds on her body." A local 16-year-old boy, Scott Dyleski, was arrested within days; he was convicted of killing Pamela Vitale and sentenced to life imprisonment without the possibility of parole in 2006. Scott Dyleski's mother was also arrested and charged with covering up the murder. On June 9, 2016, federal judge Susan Illston rejected Dyleski's claims of innocence and ineffective assistance of counsel. In rejecting claims of prejudice, Judge Illston stated that the prosecutor properly argued that: "I hope you remember that as you are reflecting on the evidence in this case, that she is about as innocent a victim as you can have in a criminal case," and by characterizing Vitale as "a woman that virtually everybody in that neighborhood loved or certainly liked."