Bryn Cabanillas, a minor, by and through her Guardian Ad Litem, Jill Cabanillas v. Thrifty Payless, Inc.
Published: Jan. 23, 1999 | Result Date: Jul. 15, 1998 | Filing Date: Jan. 1, 1900 |Case number: 780749 Verdict – $30,627,100
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Wayne H. Lancaster
(technical)
John F. Thompson
(medical)
Margaret Ayers
(medical)
Doris Tunney
(medical)
Jeffrey R. Levin
(medical)
Lois Stebbins
(technical)
Samuel R. Rosenfeld
(medical)
Richard Mungo
(medical)
Ronald S. Gabriel M.D.
(medical)
Lori Beglau
(medical)
W. Donald Shields
(medical)
David Steenblock
(medical)
Lauren M. Beeler
(medical)
Stephen Prepas
(medical)
Sheila Ponzio
(medical)
Elizabeth Holakiewicz RN
(medical)
Fred Nowroozi
(technical)
Defendant
John H. Menkes
(medical)
Roberta Diaz Brinton
(technical)
Facts
Plaintiff Bryn Cabanillas, 6-years-old, was born premature causing her to develop cerebral palsy. This medical condition made her susceptible to seizures. She had a single seizure in 1993, which caused her doctor to prescribe phenobarbital in 15 mg doses to be taken four times a day. Instead of receiving that dosage, Thrifty filled the prescription with 100 mg tablets, which meant the plaintiff was getting 400 mg a day instead of 60. Cabanillas became listless in the days after she took the medicine and her parents took her to see a doctor twice. Both times the doctor diagnosed the plaintiff as having a cold. On the third day, when the girl would not wake up, she was taken to the hospital and the error was detected. Eleven days after the overdose, plaintiff began having seizures, the most violent one coming two months later, leaving her brain-damaged and comatose. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $750,000. The defendant made a C.C.P. º998 offer of compromise for $150,000.
Specials in Evidence
$303,483 $20.7 million
Injuries
The plaintiff suffered a toxic overdose, seizures and brain damage, leaving her unable to speak, walk, incontinent and with severe neurological damage. The plaintiff continue to suffer seizures and has permanent brain damage leaving her with the mental capacity of 12 to 18 months. She cannot speak, walk or communicate and still in diapers.
Result
PLEASE PROVIDE THE EXPERTISE AND CITY OF LOCALE OF THE FOLLOWING EXPERTS: Lauren Beeler ____________(expertise) ____________ (city), Richard Mungo _____________ (expertise) ______________ (city)_______________, Lori Beglau ____________ (expertise) _____________ (city), Margaret Ayers ____________ (expertise) ____________ (city), Doris Tunney _____________ (expertise) ____________ (city), Stephen Prepas ______________ (expertise) ____________ (city), Sheila Ponzio _____________ (expertise) ____________ (city), Lois Stebbins ____________ (expertise) ____________ (city)
Other Information
The verdict was reached approximately one year after the case was filed.
Deliberation
one day
Length
three weeks
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