Robert Adams v. Longs Drug Stores California Inc.
Published: May 4, 2004 | Result Date: Feb. 4, 2004 | Filing Date: Jan. 1, 1900 |Case number: 1126424 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Martin E. Pulverman
(Pulverman & Pulverman LLP)
Defendant
Dennis R. Thelen
(LeBeau Thelen LLP)
Experts
Plaintiff
Alan Gewant
(medical)
R. Bruce McFadden
(medical)
Defendant
Fred Weissman
(medical)
Facts
In May 2002, Robert Adams, 53, a maintenance manager, suffered a heart attack and was hospitalized at Cottage Hospital in Santa Barbara. He was discharged after having two stents placed in his coronary artery. In addition, eight medications, including Plavix, were prescribed to Adams to prevent clotting. When Adams' son, Christopher, 20, picked up Adams' medications from the drugstore later that day, the prescription for Plavix had not been filled. Not realizing the eighth medication was missing, Adams began taking the other medications without it. Seven days later, Adams experienced a second heart attack when the stents were clotted. A later investigation determined that when Adams was discharged from the hospital, his HMO would not authorize Plavix at a co-pay rate. Adams sued Longs Drug Stores California Inc., the drugstore the prescriptions were taken to, alleging negligence.
Settlement Discussions
The plaintiff demanded $99,000; the defendant offered $50,000
Specials in Evidence
$125,000 $20,000 $16,000
Injuries
Adams suffered two additional heart attacks in May and June 2002, after not receiving his prescription for Plavix. He argued the additional heart attacks resulted in two additional hospital admissions and multiple cardiac procedures that were otherwise unnecessary.
Result
Defense
Deliberation
1.5 hours
Length
five days
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