Lisa N. Shyer Obtains Defense Verdict in Pharmacy Malpractice Case
VENTURA, Calif., November 9, 2010–After six days of trial in a pharmacy malpractice case, Lisa N. Shyer succeeded in obtaining a defense verdict on November 3, 2010. Plaintiff claimed that after being prescribed and taking a toxic dose of the antibiotic Gentamicin, she suffered Gentamicin ototoxicity (damage to the inner ears), which resulted in extreme vertigo and permanent balance problems. The plaintiff sought in excess of $900,000 in damages. For unknown reasons, the plaintiff dismissed the doctor who had prescribed the Gentamicin on the second day of trial. Ms. Shyer continued the defense on behalf of the home infusion pharmacy. She focused on plaintiff’s 30-year history of balance and other medical problems. Additionally, she utilized University of Southern California otolaryngologist Dr. Dennis Maceri who had concluded, based on the only known objective test for Gentamicin ototoxicity, that plaintiff did not have the condition. Although the jury found the pharmacy to be negligent in administering the dosage, they were persuaded by Dr. Maceri’s testimony and by Ms. Shyer’s closing argument which concisely and effectively explained plaintiff’s long medical history and that the Gentamicin did not cause the plaintiff’s alleged balance problems.