Appellate court reverses Rudolf, orders new trial on medication overdose case

By Gabriel Neves | Oct 22, 2018

MT. VERNON –– A minor who suffered an overdose of a prescribed medication due to a pharmacy's error will receive a new trial, an appellate court ruled.

In an Oct. 5 ruling reversing Associate Judge Heinz Rudolf, the Fifth District Appellate Court found the jury did not receive proper instructions before awarding non-economic damages to Brandy and Monty Pickell, on behalf of their daughter Ali Pickell. 

The parents filed a lawsuit in St. Clair County Circuit Court against Evers Pharmacy and Jessi Weber alleging negligence for dispensing a higher dose of the drug dapsone. As a result of taking the 100-miligram tablets instead of the prescribed 25-milligram tablets, Ali Pickell suffered a severe reaction requiring her to be hospitalized. 

The pharmacy admitted the error, but contested there was any long term effects of the overdose. 


The parents filed a lawsuit in St. Clair County Circuit Court against Evers Pharmacy and Jessi Weber.  

The jury found in the Pickells favor and awarded $9,771 in medical expenses and another $5,600 in non-economic damages. The Pickells appealed, arguing the damages were "inadequate" and "inconsistent."

The appellate court agreed and concluded the jury may have been confused or misled in the jury instructions. In addition, the jury may have thought they had to approve the defendants' suggest amount of damages. 

Justice Judy Cates wrote the opinion. Justices Richard Goldenhersh and Melissa Chapman concurred.. 

Illinois Fifth District Appellate Court Case number 5-17-0105

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