Plaintiff Eva Meyerson, 52, an insurance broker, went to a Walgreens to fill a prescription for an anti-depressant, Serizone. However, Walgreens filled the prescription with an anti-schizophrenic called Seraquil. Meyerson took a dose of the Seraquil and claimed that it caused major cognitive defects.Meyerson sued Walgreen Co. for negligence. She originally sued the maker of Serizone, contending its sound-alike-name to Seraquil made such mistakes possible, but they were dismissed by the plaintiff pretrial.Walgreens admitted to the medication mix-up and the trial was held on damages only.
Meyerson’s lawyers contended that taking the medication left her with permanent cognitive damages. Her expert neuropsychologist, Glenn Caddy, testified that the damage was permanent and a direct result of the medication. Meyerson’s lawyers contended that her symptoms resembled symptomology that arose during FDA drug testing Seraquil.
Meyerson’s symptoms included loss of short- and long-term memory, and the inability to engage in abstract or complex thinking. Her life partner testified that Meyerson was unable to perform tasks like balancing her checkbook and managing her financial affairs after taking the medication. She also testified that Meyerson, in general, had trouble functioning and would sometimes wander off.
Meyerson’s vocational rehabilitation expert, Larry Foreman, testified that Meyerson was unable to work for the rest of her life. The defense contended that not only was Meyerson unable to work, her partner was forced to quit her job to become a full-time caregiver. Meyerson’s economist, David Williams, testified that the couple had more than $5 million in economic losses from the lost income and attendant care.
Meyerson was also seeking an unspecified amount for pain and suffering.
The defense contended that the medication could not have caused permanent injuries.
The defense’s expert toxicologist, William George, testified that the Seraquil did not cause any permanent brain injury and would have at most only affected Meyerson for a few days. The defense’s expert neuropsychologist, Sally Kolitz-Russel, testified that not only did the Seraquil not cause any permanent brain damage, but testing suggested that Meyerson may have been faking the permanency of the injury or suffering from an underlying psychological condition. The defense’s FDA drug trial expert, Judith Jones, testified that while Meyerson’s symptoms could be compared to symptoms found in the FDA testing, that those symptoms only lasted a few days and were not permanent.
The jury found for Walgreens