Facts

In January 2008, Irina Kaluzhski purchased defendant Rite Aid Corp.'s Tussin Sugar Free Cough Syrup for her minor child. The syrup was incorrectly labeled as "formulated specially for diabetics," "suitable for children and adults," and containing "no carbohydrates." Actually, the syrup was not formulated for diabetics, and actually contained glycerin, which is an alcohol sugar and carbohydrate that increased blood sugar in diabetics.

Kaluzhski administered the syrup on Jan. 15 to plaintiff after he developed a cough. During monitoring that night, she noted a dangerous rise in his blood sugar level. After close monitoring and additional insulin was given, the blood sugar was controlled and no medical attention was required.

Result

After mediation, the parties settled for $75,000, $60,000 of which went to attorney fees and costs. Plaintiff received $15,000.

Other Information

The plaintiff initially filed a class action complaint, but it was not deemed suitable for a class action. The case was removed to the U.S. District Court Central District of California. FILING DATE: Jan. 13, 2009.