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Hundley v. Rite Aid of South Carolina2/28/2000
Appeal From York County John C. Hayes, III, Circuit Court Judge Costa M. Pleicones, Circuit Court Judge J. Buford Grier, Special Circuit Court Judge
Heard September 8, 1999
AFFIRMED
These consolidated tort actions arise from injuries sustained by Gabrielle Hundley, a minor child, after she ingested medication from an incorrectly filled prescription. A jury trial resulted in a verdict for Gabrielle Hundley (Gabrielle) against Howard Jones, the pharmacist, and Rite Aid of South Carolina (Rite Aid)(collectively "defendants") in the sum of $5,000,000 actual damages, and against Rite Aid in the sum of $10,000,000 punitive damages. The jury returned a verdict in the parents' companion case against both defendants for actual damages in the sum of $20,000, and against Rite Aid for punitive damages in the sum of $1,000,000. Both defendants appeal. We affirm.
FACTS/PROCEDURAL BACKGROUND
Facts Regarding the Injury
On February 20, 1995, Dr. Jan Shaw diagnosed seven-year-old Gabrielle Hundley with attention deficit hyperactivity disorder ("ADHD") and prescribed Ritalin. Dr. Shaw is a pediatric neurologist. Peggie Hundley, Gabrielle's mother, took the prescription to a Rite Aid pharmacy in Rock Hill, South Carolina, where it was filled that evening.
The next morning, Mrs. Hundley gave Gabrielle one tablet from the prescription bottle as directed. She then took several tablets to Gabrielle's school with appropriate instructions to give Gabrielle one tablet each day at 11:30 a.m. School officials administered a second dose at 11:30 as instructed. Unfortunately, the Rite Aid prescription did not contain Ritalin, but instead contained six milligram tablets of Glynase, an adult medication used to treat diabetes.
Shortly before 2:30 p.m., Gabrielle had a seizure. She lost consciousness and was taken by emergency service personnel to the hospital. She was in a hypoglycemic coma. She stayed in a coma for several hours and remained in the hospital overnight.
Gabrielle's doctors determined her coma was induced by her ingestion of Glynase. Glynase is a medication designed to lower blood sugar levels in adult diabetics. It is not prescribed for children at any dose, and a six milligram tablet is a high dosage, even for an adult.
According to doctors, while Gabrielle was in a hypoglycemic coma her blood sugar fell to a level at which her brain cells, particularly the gray cells of the cerebral cortex, began using their own proteins and lipids as fuel to avoid necrosis.
As a result, Gabrielle suffered permanent brain damage.
Experts opined at trial that Gabrielle's ability to learn has decreased since the incident, and she has not progressed academically or behaviorally at her previous rate of progress. She has fallen behind her peers despite extra help from her parents, tutors, and summer school. Evidence indicated that Gabrielle's ability to care for herself has also decreased. According to Gabrielle's parents, she can no longer manage personal hygiene without assistance. She cannot fully dress herself, and she is unable to manage clothing fasteners. She makes poor choices, endangering herself further.
In addition to her brain injury , Gabrielle was described as suffering mental trauma, including major depression, post traumatic stress disorder, and separation anxiety disorder. At trial, Gabrielle was categorized for the first time as mentally retarded because of her brain injury.
The two actions were tried together beginning on October 7, 1996. During trial, the Hundleys' economist, Dr. Oliver Wood, was allowed to base his opinions as to the pres
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