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Personal Injury
Medical Malpractice
Lack of Informed Consent

Jenny Hyoung v. Target Corporation, Kyung Yoo M.D., Amneal Pharmaceuticals LLC, Brigham Young University Student Health Center, Gregory Nielson M.D., Interpharm, Joseph Binoy, McKesson Corporation, Michael E. Jemmett M.D., Mutual Pharmaceutical Company Inc., Pfizer Inc., Takeda California Inc., Takeda Pharmaceuticals America Inc., Takeda Pharmaceut

Published: May 14, 2016 | Result Date: Jan. 29, 2016 | Filing Date: Jan. 1, 1900 |

Case number: NC058059 Verdict –  Defense

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Douglas A. Rochen
(Abir, Cohen, Treyzon & Salo LLP)

John C. Carpenter
(Carpenter & Zuckerman LLP)


Defendant

Thomas F. McAndrews
(Reback, McAndrews & Blessey, LLP)

Tina E. Lee
(Reback, McAndrews & Blessey, LLP)


Facts

Jenny Hyoung filed a medical malpractice action against several defendants, including Target Corp., Kyung Yoo M.D., Amneal Pharmaceuticals LLC, Brigham Young University Student Health Center, Gregory Nielson M.D., Interpharm, Joseph Binoy, McKesson Corp., Michael E. Jemmett M.D., Mutual Pharmaceutical Co. Inc., Pfizer Inc., Takeda California Inc., Takeda Pharmaceuticals America Inc., Takeda Pharmaceuticals USA Inc., Takeda Ventures Inc., United Research Laboratories Inc., and Utah Valley Reginal Medical Center. The matter proceeded to trial against Dr. Yoo only.

Contentions

PLAINTIFF'S CONTENTIONS:
Dr. Yoo allegedly prescribed plaintiff with Bactrim, or Septra, to treat her mild acne. Thereafter, plaintiff began experiencing flu-like symptoms as well as facial swelling. She continued taking Bactrim and was ultimately diagnosed with Stevens-Johnson syndrome, a life-threatening condition. Plaintiff sued Dr. Yoo, Target, which filled her prescription, and various pharmaceutical companies. The matter, however, continued only against Dr. Yoo.

Plaintiff alleged Dr. Yoo was negligent in prescribing Bactrim when another, first-line antibiotic, was working to treat plaintiff's acne. Dr. Yoo was also allegedly negligent for failing to adequately warn plaintiff of an allergic reaction.

DEFENDANT'S CONTENTIONS:
Dr. Yoo denied committing medical malpractice, claiming Bactrim was appropriate for plaintiff's needs. Though Bactrim was recognized as an antibiotic for MRSA, it was also effective for acne treatment. Moreover, defendant contended that Stevens-Johnson syndrome was so rare that doctors rarely, if ever, warn patients about it. Rather, doctors normally warned their patients to stop taking any medication if they develop a fever or rash.

Settlement Discussions

Hyoung demanded $5 million in settlement.

Damages

Hyoung sought $10 million in economic damages.

Injuries

Hyoung suffered from Stevens-Johnson syndrome, which causes blistering of the skin. She also suffered from post-traumatic stress disorder.

Result

Ultimately, the jury rendered a verdict in favor of Dr. Yoo.

Other Information

FILING DATE: Aug. 23, 2012.


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