Timothy Hooper v. TEVA, USA, Thrifty Payless Inc., dba Rite Aid, Apothocon, Capobianco
Published: Mar. 1, 2001 | Result Date: Dec. 8, 2000 | Filing Date: Jan. 1, 1900 |Case number: DUM0002135 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Jonathan Allan Klein
(Klein, Hockel, Iezza & Patel PC)
Experts
Plaintiff
Frank J. Briganti
(medical)
James O'Donnell
(medical)
Defendant
Clifford A. Young
(medical)
Facts
According to the defendant: The plaintiff was prescribed Trazodone medication as a sleep aid. The medication
was filled at Rite Aid, and the plaintiff was instructed to take once per day at bedtime as needed.
The plaintiff took one tablet on or about May 22, 1998, and woke up with erection, which did not go away. He
took another pill on morning of May 23, and woke up again in evening with an erection, which was becoming
painful. He took another pill. He woke up on morning of May 24, with an erection, which was becoming more
painful.
He conferred with his mother, who was a registered nurse (with whom plaintiff lived), and was told to wait
until after the Memorial Day holiday to seek medical attention. He did so, and on May 26, the plaintiff
telephoned the pharmacy for advice. He was told to go to the ER. The plaintiff did not, instead choosing to wait
several more hours. By this time, the pain was incredible. The pharmacist called the plaintiff and asked if he
went to the hospital, was told he did not, and instructed the plaintiff again to go immediately.
The plaintiff went to Kaiser, waited for treatment, but left after the wait became too long. He returned later that
evening and was taken to UC Davis Medical Center, where surgery was done to relieve pressure on the
plaintiffÆs penis. A shunt was inserted.
The plaintiff has significant residual damage, including loss of urinary and sexual function to his penis. The
plaintiff claimed he can not return to work as a carpenter. The plaintiff brought this action against the
pharmacy for failing to warn of side effects and failing to warn what to do after side effects appeared; against
the doctor for failing to warn of side effects and against the manufacturer for negligence and strict products
liability for failure to warn.
Settlement Discussions
The plaintiff demanded $750,000. The defendant offered $35,000.
Specials in Evidence
$50,000 $100,000 $250,000 $50,000
Other Information
The plaintiff has filed a notice of appeal.
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