Walter v. Wal-Mart Stores, Inc.

748 A.2d 961 (2000)

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Nature of the Case

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Facts

P, an eighty-year-old diagnosed with cancer was prescribed Chlorambucil, a chemotherapy drug. The prescription slip called for Chlorambucil, the generic name because it was feared that the drug's brand name, Leukeran, could be confused with other drugs with similar trade names. P went to D, and Henry Lovin, a Maine licensed pharmacist and an employee of D gave her a different drug with the brand name of Melphalen. The generic name for Melphalen is Alkeran. Melphalen is also a chemotherapy drug, but it is a substantially more powerful medication than Chlorambucil and thus is given in smaller doses over shorter periods of time than is Chlorambucil. This information did not make an impression on P, and she just assumed that the drug she had been given was the same as prescribed, and she began taking the prescribed dosage. P began to suffer from nausea and lack of appetite. The information sheet said side effects are common for chemotherapy drugs. She continued to take the Melphalen. In the third week, P noticed bruises on her arms and legs, and during the fourth week, she developed a skin rash on her arms and legs. Although the information sheet warned that bruises and rashes should prompt a call to the doctor, P waited a few days before attempting to contact her Dr. P eventually had blood tests done and was rushed to the hospital suffering from gastrointestinal bleeding. P remained in the hospital five weeks and received numerous blood transfusions. P's total medical bills for her treatment came to $71,042.63. P sued D. The court granted P's motion for judgment on the issue of liability. The jury awarded P $550,000 in damages. D appealed.