The plaintiff was born with only one kidney. By age sixteen her one kidney was failing. She began dialysis and ultimately underwent a kidney transplant at age twenty-two. When that kidney failed the plaintiff had a second transplant, which was three years later.

The plaintiff's physician prescribed 250 milligrams of Prednisone per day. She was instructed to take this for three days. The plaintiff took the prescription to the defendant’s pharmacy, but there was not enough of the Prednisone on site to fill the entire prescription. Another pharmacy was called to fill the prescription, but a miscommunication occurred which resulted in the prescription being filled with instructions of 1,250 milligrams a day for three days, rather than the 250 milligrams prescribed.

The plaintiff's new kidney failed. The plaintiff alleged negligence in dispensing the wrong dosage of medication and in failing to follow proper protocol when dispensing excessively high dosages.

The defendant admitted that an overdose was dispensed, but argued that because the plaintiff had suffered with this condition throughout her life she should have known that the medication was dispensed inaccurately.

According to a reporter an $8 million verdict was returned, which included $5 million in punitive damages. The compensatory award was reduced to $2.7 million due to a finding of ten percent comparative negligence by the plaintiff. A confidential settlement had been reached with the pharmacy which was called by the defendant's pharmacy.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.