201611.07
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Claim for Pharmacy Accident Compensation Resolved in Court

A former hairdresser´s claim for pharmacy accident compensation has been resolved for nearly $1.2 million in a hearing of the Ventura County Superior Court.

Fifty-four year old Wanda Katz from Port Hueneme in California was visiting her local CVS Pharmacy when she was knocked over by an employee pushing a merchandize cart. Wanda – a former hairdresser who now holds a license in real estate cosmetology – was crouching down to look at goods on a lower shelf at the time and, when she was knocked over, she claims to have hit her head on the shelf.

However, Wanda did not believe she had suffered a serious injury and failed to seek professional medical advice for six weeks until she started suffering pains in her neck. Wanda´s doctor referred her for an MRI, which revealed a cerebellar lesion. Wanda was mistakenly told that she had suffered a stroke and it was not until eighteen months later that the correct cause of her injury was identified.

With the new information, Wanda made a claim for pharmacy accident compensation, alleging that the store´s employee had been negligent by not looking where they were going, and that CVS Pharmacy was vicariously liable for its employee´s actions. Wanda alleged in her claim that her brain injury had resulted in a balance and sensory disorder that prevented her from pursuing her career.

Due to the long passage of time between the accident and the diagnosis of persistent postural-perceptual dizziness (PPPD), CVS contested the claim for pharmacy accident compensation. The store also claimed that Wanda was exaggerating the extent of her injuries and had contributed to the cause of the accident by crouching down adjacent to the merchandize cart while it was stationary.

As no negotiated settlement could be reached, Wanda´s claim for pharmacy accident compensation went to be resolved at the Ventura County Superior Court, where the case was heard by a jury before Judge Rocky J. Baio. At the hearing, the jury were shown CCTV footage of how Wanda´s accident occurred and heard from medical experts about the injury that Wanda had sustained.

After ten days of testimony, and two days of deliberations, the jury found CVS Pharmacy 100% liable for Wanda´s injury and awarded her $1,190,105 in settlement of her claim for pharmacy accident compensation. The award covers Wanda´s past and future pain and suffering, and her past and future loss of income due to being unable to pursue her career.