A state appeals court has upheld a
judgment that Rite Aid Corp. and a pharmacist must pay $16 million
to a girl who was given the wrong medicine and suffered permanent
brain damage.
Gabrielle Hundley was given a large dose of the diabetes
medicine Glynase in 1995 instead of a small dose of Ritalin, a drug
used to control hyperactivity. Both pills were yellow.
Gabrielle, who was 8 at the time, suffered a seizure following
her second dose of the wrong pills. Her IQ dropped 30 points. She
still cannot take care of personal hygiene or fully dress herself.
The three-judge Court of Appeals rejected all claims by Rite Aid
and pharmacist Parham Howard Jones, who was wrapping up a 12-hour
shift and a 60-hour work week when the mistake was made.
Rite Aid, based in Camp Hill, Pa., has called the verdict
unfair. Attorneys for the company and Jones did not return messages
seeking comment Monday.
Since Gabrielle's family won the $16 million jury award in 1996,
it has grown to nearly $23 million with interest, said Jim Anders,
the family lawyer.
