Young v. Key Pharmaceutical
Published: May 25, 1993 | Result Date: Apr. 30, 1993 | Filing Date: Jan. 1, 1900 |Case number: 862106413 Verdict – $0
Judge
Court
Kings Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gregory Redding
(medical)
Jerome Klein
(medical)
Jerrold Milstein
(medical)
Kenneth Renton
(medical)
John T. Chapman
(medical)
Judy Matas
(technical)
Leslie Hendeles
(medical)
Frederick Hull Hayes
(medical)
Olga A. Woo Jr.
(medical)
Carole Shiel
(medical)
Jack Dahlberg
(technical)
Lowell Bassett
(technical)
Gideon Koren
(medical)
Michael Krebs
(medical)
Ronald Case
(medical)
Morris Horning
(medical)
Allyn Golub
(technical)
James Degel
(technical)
Forrest C. Bennett
(medical)
Defendant
Frederick Braun
(medical)
Kuo Chang
(medical)
Thomas A. Campbell
(medical)
Richard D. Carroll
(Kelly Trotter & Franzen)
(technical)
Facts
Plaintiff E. Rosa Young, a 3 1/2-year-old asthmatic male child, suffered brain damage following prolonged seizures which occurred at 3:00 a.m., February 1, 1979. During the 18-month period preceding his injury, Plaintiff had presented to the emergency room 83 times, and had been hospitalized four times for life threatening asthma. During this period, Plaintiff had been taking various forms of theophylline to control asthma. For a 5-month period prior to his injury, Plaintiff had been taking Theo-Dur, a sustained release form of theophylline. Theo-Dur is manufactured by Defendant Key Pharmaceuticals. Therapeutic levels of theophylline are considered to be between 10 and 20 mc/ml with levels below 10 mc/ml considered sub-therapeutic and levels above 20 mc/ml considered toxic. Upon admission to the emergency room, Plaintiff's theophylline level was found to be 68 mc/ml.
Settlement Discussions
A 2-day mediation by Jack Rosenow of Seattle was held during trial. Plaintiff demanded $8,800,000 in cash with an additional annuity in the amount of $1,500,000 ($13,000,000 lifetime payout). Plaintiffs terminated the mediation upon receipt of Defendant's offer. Defendants offered $1,850,000 ($350,000 cash; $1,500,000 structure with lifetime payout of $13,000,000).
Damages
$9,100,000 in speical damages to include lost earnings, medical care services, medical commodities, attendant care, et cetera. Plaintiff asked the jury to make an unspecified additonal award for general damages. Defendant asked the jury for a defense verdict. Defendant presented testimony as to the present value of future payments which could be made assuming the purchase of a $2,000,000 annuity. Total lifetime payout would have exceeded $26,000,000.
Injuries
Dramatic neurodevelopmental regression following prolonged seizures and anoxic encephalopathy; current gross motor skills at age 18 years of age is in the range of a 2.5 year old and fine motor skills in the range of an 18 month old; current receptive abilities have been evaluated in the 20-24 month range with expressive skills in the 12-month range; current diagnosis is permanent and severe mental retardation with severe communicative disfunction and autistic behavioral features.
Deliberation
4 days
Poll
10-2
Length
6 weeks
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