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Employment Law
Wrongful Termination
Retaliation

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

Jesus G. Bernal

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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