Adams v. Inserra Supermarkets, Inc.

Plaintiff claimed to have suffered congestive heart failure and a cardio-myopathy, which resulted in surgery and the insertion of a pacemaker from the failure to properly fill a hypertension medication prescription. It was alleged and established that the Shop-Rite Pharmacy failed to fill the Norvasc prescription and instead filled the prescription with Vasotec. Both of these medications are hypertension medications. Defendants stipulated to the liability and litigated the matter on proximate cause and damages. Plaintiff’s demand was $5 million. After extensive medical testimony in the discipline of pharmacology and cardiology, which took seven (7) trial days, the jury deliberated for eleven (11) hours over two (2) days and found no cause for action and entered judgment in favor of defendants, Inserra Supermarkets, Inc., t/a Shop-Rite.