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Personal Injury (Non-Vehicular)
Pharmaceutical Malpractice
Negligence

Barry and Pamela Yerman v. The Vons Companies, Inc.

Published: Nov. 26, 1994 | Result Date: Oct. 28, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 120598 –  $0

Judge

Thomas Osborne

Court

Ventura Superior


Attorneys

Plaintiff

Donald R. Worley


Defendant

Gregory C. Pyfrom


Experts

Plaintiff

Charles Mens
(medical)

Stanley Frochtzwaig
(medical)

Defendant

Edward J. O'Neill
(medical)

Joseph A. Robertson
(medical)

John F. Thompson
(medical)

Facts

In November 1991, Plaintiff Barry Yerman, a 43-year-old sales supervisor, went to Defendant Vons' pharmacy to fill a prescription for Salsalale. The pharmacist mistakenly gave him Azulfadine. Plaintiff was allergic to Azulfadine; and on December 2, 1991, Yerman was admitted to the emergency room of Community Memorial Hospital with severe headaches, common nausea, and abdominal pain. He was then discharged. Yerman kept taking the Azulfadine and on December 4, 1991, returned to Community Memorial Hospital where he was reexamined and hospitalized. It was determined at that time that Yerman was taking the wrong medication.

Settlement Discussions

Offers and demands, if any, were not disclosed.

Specials in Evidence

$890,000 (Barry) $2,500 (Pamela) $150,000 not disclosed not disclosed (Barry and Pamela)

Injuries

Failed liver requiring liver transplant and possible future surgery to remove pancreas. Plaintiff's wife claimed loss of consortium and emotional distress requiring counseling.

Other Information

This trial took place at Ventura College of Law in Courtroom 2.

Deliberation

4 hours

Poll

10-2

Length

10 days


#83357

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