Afrouz Nikmanesh v. Wal-Mart Stores Inc., Wal-Mart Associates Inc., and Does 1 through 10, inclusive
Published: Nov. 12, 2021 | Result Date: Oct. 20, 2021 | Filing Date: Feb. 6, 2015 |Case number: 8:15-cv-00202-JGB-JCG Verdict – $27,500,100
Judge
Court
CD CA
Attorneys
Plaintiff
Dayton B. Parcells III
(Parcells Law Firm)
Eric M. Epstein
(Eric M. Epstein Law Offices)
Defendant
Cheryl L. Johnson-Hartwell
(Burke, Williams & Sorensen LLP)
Susan E. Coleman
(Burke, Williams & Sorensen LLP)
Susan V. Arduengo
(Burke, Williams & Sorensen LLP)
Facts
Afrouz Nikmanesh worked for Walmart for more than 10 years as a pharmacist. Between July of 2013 and September of 2014 she complained and asked that her supervisors and Walmart's upper management investigate and correct Walmart's violation of law by failing to give customers over the age of 65 or with disabilities the Medicare discounted price to which they were legally entitled for prescription drugs and failing to properly report to the Department of Justice its dispensing of controlled substances, especially opioids. 13 days after a 69 minute call with Walmart's upper management, Walmart terminated Nikmanesh and the violations were never corrected.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants committed pharmacy violations and state law violations, including failing to report necessary data to the Controlled Substance Utilization Review and Evaluation System, charging Medicare beneficiaries above the Medi-Cal reimbursement rate for prescriptions, and failing to provide eligible patients with a Medicare discount. Plaintiff further contended that when she reported these violations to her supervisor, defendants retaliated by terminating plaintiff after she complained about defendants' illegal practices.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
The jury awarded plaintiff $27,500,100 ($40,100 for past economic losses; $100,000 for past non-economic losses; $60,000 for future non-economic losses; and $27,300,000 in punitive damages).
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