Pennsylvania: Defense Verdict in Pharmaceutical Liability Case, CCP, Philadelphia County

09/05/06

The Catastrophic Loss Group was retained only six weeks prior to trial to defend a national pharmacy chain where the infant plaintiff had allegedly suffered brain damage and birth malformations and boarded $92M in past, present and future damages.  Plaintiff alleged that the pharmacist’s failure to counsel and identify the contraindicated drug caused his mother to ingest heart medication which was contraindicated during her pregnancy.  Careful review of plaintiff’s Day in the Life video revealed that plaintiff’s parents continued to fill prescriptions, even for the infant plaintiff, at our client’s pharmacy.  When confronted with this fact at trial, plaintiff’s mother attempted to claim that it was the only available 24 hour pharmacy in her neighborhood.  Prepared for this possibility, Jack Snyder then confronted the witness with an interactive, live Google Earth map of her neighborhood, which he used to demonstrate to the jury the large number of late night and 24 hour pharmacies available within just blocks of her home.  After a 2 ½ week trial, a Philadelphia jury returned a defense verdict. 

When questioned following the verdict, the jury indicated that the use of interactive, live Google Earth map was the pivotal moment at trial.  One juror explained that he would not go back to a restaurant where he had bad service and if plaintiff’s own parents would continue to patronize the defendant pharmacy when there were others available, they obviously did not blame the pharmacy for their son’s injuries.  He further remarked that if the plaintiff’s parents did not blame pharmacy, they could not expect the jury to do so.