Kimberly Mittwer, et al. v. Tony Chan dba ABC Pharmacy
Published: Jul. 19, 1997 | Result Date: May 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: RCV16938 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Sandra K. Brislin
(Muhar, Garber, Av & Duncan)
Experts
Plaintiff
Bruce Danro
(medical)
Wayne H. Lancaster
(technical)
Defendant
Richard Banedon
(medical)
Dan Zimbroff
(medical)
Facts
On Aug. 9, 1994, plaintiff Kimberly Mittwer, a 38-year-old sales representative was prescribed .5 mg of Klonopin by her psychiatrist to be taken three times a day. The plaintiff wife filled the prescription at the defendant pharmacy. Because of the defendant pharmacy's error, the plaintiff wife took 1 mg three times a day for 10 days. The plaintiff wife claimed that as a result, she fainted and was unable to think or act normally. The plaintiffs, the injured woman and her husband, brought this action against the defendant pharmacy based on negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $300,000, followed by a settlement demand for $50,000. The defendant made a C.C.P. º998 offer of compromise for $16,000.
Specials in Evidence
$4,000 $___________ $_______________
Damages
The plaintiff husband claimed loss of consortium.
Injuries
The plaintiff wife claimed that she experienced coma or a "near death experience" as a result of the drug overdose.
Other Information
The verdict was reached approximately two years after the case was filed. Mediation sessions were held before David Cooksey, of Cooksey, Howard & Martin, and before Judge James Piatt of IVAMS. They did not resolve the matter. POST TRIAL MOTIONS: The plaintiffs intend to make a motion for new trial based upon the court allowing into evidence the fact that, after the hospital visit, the plaintiffs offered to settle the case for $1,500, and for allowing into evidence the fact that the plaintiffs filed bankcruptcy one year before the complaint was filed.
Deliberation
1¼ hours
Poll
12-0
Length
6 days
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