It was part of their normal routine, our client’s wife going to pick up her husband’s prescriptions from the local pharmacy. One day unknown to them, the pharmacy filled the bottle with pills that were double the dosage of the usual-sized pills, but the instructions on how many pills to take stayed the same. This resulted in our client taking double the dosage of the drug than prescribed.
Gradually, he started exhibiting unusual behavior and altered mental state, including agitation, anxiety, anger, and confusion. He was taken to the hospital where blood results confirmed he had toxic levels of the drug in his blood, and the error was discovered.
Due to his altered mental state, our client had to be restrained to his hospital bed which he fought against, injuring his shoulders including labral and rotator cuff tears. He underwent several surgeries on both of his shoulders.
Case Was on the Verge of Going to Trial, But Settled in the Final Minutes at Mediation
This medical malpractice case nearly went to trial, but an agreement was reached in the final minutes of mediation and settled for $900,000. There were multiple defendants and questions as to which party was liable for the negligence, as well as arguments about pre-existing conditions to try and downgrade the value. In any event, we were already prepared for trial and our client was ready to walk away from a lot of money unless we achieved the settlement we wanted. The settlement was achieved through a pre-determined strategy backed by our readiness to go to trial.