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CONFIDENTIAL

Jun. 10, 1995

Personal Injury (Non-Vehicular)
Pharmaceutical Malpractice
Negligence

Confidential

Settlement –  $92,500

Judge

Burton Bach

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Marc E. Levine


Defendant

Daniel W. Doyle
(Doyle Schafer McMahon)


Experts

Plaintiff

Clarke David Espy
(medical)

Jonathan Greene
(medical)

Frank J. Briganti
(medical)

Defendant

Lawrence J. Richman J.D.
(medical)

Lester M. Zackler M.D.
(medical)

Facts

Plaintiff, a 38-year-old paralegal, had been prescribed and was ingesting 10mg of Amitraptyline daily for pain. He went to Defendant's pharmacy in North Hollywood to obtain a refill. Defendant's employee inadvertently filled the prescription with 100mg tablets. On June 26, 1993, Plaintiff ingested 6 of the 100mg tablets before bed and was found unconscious on the floor.

Settlement Discussions

Plaintiff contends his demand was $150,000 and Defendant offered $35,000 at the MSC.

Specials in Evidence

$5,000 (collateralized) $432

Injuries

Plaintiff was unconscious for 8 hours and hospitalized for 3 days for a drug overdose. Plaintiff also claimed post traumatic stress syndrome with residual psychological damages.


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