Diane Miller v. Linda Pai, Sav-On Drug Stores Inc.
Published: May 11, 2002 | Result Date: Feb. 15, 2002 | Filing Date: Jan. 1, 1900 |Case number: SC062853 Verdict – $189,237
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Mark J. Leonardo
(Dordick Law Corporation)
Defendant
Experts
Plaintiff
Edwin Carlyle Rowe
(medical)
Ashok Jain
(technical)
Defendant
John B. Thompson
(medical)
Irving Posalski, M.D.
(medical)
Martin Felman
(medical)
Facts
The plaintiff, a 50-year-old massage therapist, had genital herpes for 20 years. She read that Povidone Iodine would reduce the symptoms of an outbreak. The plaintiff went to a branch of Sav-On and spoke to the
pharmacist, the co-defendant Linda Pai. Pai informed the plaintiff that the bottle the plaintiff was holding was
Povidone when actually it was a Tincture of Iodine.
In reliance upon PaiÆs representation, the plaintiff applied the Tincture of Iodine to a genital herpes sore and was injured. The plaintiff went back on two other occasions with separate friends and the defendant reaffirmed that the bottle was Povidone and that she could use it on her genital herpes.
Settlement Discussions
The plaintiff demanded $169,999. The defendants made a C.C.P. Section 998 offer of $5,001.
Specials in Evidence
$9,500 $72,00
Injuries
Caustic burn to vagina upon application of Tincture of Iodine resulting in swelling, intense pain, inflammation, bleeding and infection. Also resulted in permanent nerve damage causing constant vaginal pain. The plaintiff also developed a fissure at the site where she applied the Iodine that splits open during attempted sexual intercourse, causing pain and bleeding that has prevented sexual intercourse since the incident. The fissure never completely healed.
Deliberation
1.5 days
Poll
12-0 (liability), 9-3 (damages)
Length
15 days
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