Tort

CASE BRIEF

Walter v. Wal-Mart Stores, Inc.

COURT
ME Supreme Court, 2000

PARTIES
π/Respondent = Antoinette Walter
/Appellant = Wal-Mart

PROCEDURAL HISTORY
 Π sued  after pharmacist, Henry Lovin, misread her prescription for cancer medication and gave π the wrong
drug, causing her to suffer serious illness.
 Trial court ruled in favor of π, awarded $550K judgment.
  appeals from $550K judgment.
  argued trial judge erred in concluding jury should not even had a chance to decide; argued verdict was excessive
and trial was defective in other ways.
  requested to set aside trial court’s judgment and either dismiss the suit altogether or order a new trial.

PROCEDURAL DECISION
2-day jury trial but judge decided any reasonable jury would find π had proven she was the victim of ’s negligence
and therefore concluded w/o aid of the jury. Jury determined amount of compensation.

TORT
Negligence

ISSUE
Whether the trial court erred in concluding w/o jury’s verdict.

FACTS
 Π, 80 y/o diagnosed w/ lymphatic cancer (treatable), was prescribed medication (Chlorambucil-generic; Leukeran-
brand) by oncologist, Dr. Stephen Ross.
 May 7, 1997: Lovin (pharmacist) filled prescription with Melphalen (brand name), which is Alkeran (generic name).
Melphalen is also a chemotherapy drug but is much stronger than Chlorambucil and is given in smaller doses over
shorter periods of time; doctors monitor it more closely. Know to substantially suppress bone marrow and has
longer life in the body than Chlorambucil  side effects last longer.
 Π was given information sheet but assumed it was the correctly prescribed drug and began treatment. Within 7-10
days, π suffered from nausea and lack of appetite.
o 3d week, π noticed bruises on arms and legs.
o 4th week, π developed a skin rash on arms and legs.
o Information sheet said to promptly contact doctor if bruises/skin rashes developed but π waited a few days before
contacting Dr. Ross
 Π had blood tests done after 23 days on the medication
 Could not reach doctor until June 3; rushed to hospital later after suffering gastrointestinal bleeding. Π
remained in hospital for 5 weeks and received numerous blood transfusions.
 Post-discharge, π had to make daily trips to hospital for some time and receive additional transfusions. Cancer
went into remission. Total medical bills for treatment = around $71K.

HOLDING
Held that trial judge d/n commit any of the errors alleged by .
 No reasonable factfinder could have found that ’s negligent act in misfiling was not a substantial cause in bringing
about π’s suffering  trial court did not err in granting judgment on the issue of causation.