Case details
Defense claimed prescribed antibiotic was appropriate
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
mild acne, post-traumatic stress disorder, PTSD
FACTS
In 2011, plaintiff Jenny Hyoung, a college student in Utah, was prescribed Bactrim, also known as Septra — a medication often used to treat serious infections, like Methicillin-resistant Staphylococcus aureus (MRSA) — for treatment of her mild acne. The medicine was prescribed by her family physician, Dr. Kyoung Yoo. When Hyoung began experiencing flu-like symptoms and facial swelling, she continued taking Bactrim because she believed it to be no less safe than other acne medication she had taken. However, Hyoung was later diagnosed with a life-threatening condition called Stevens-Johnson syndrome, which causes dangerous blistering of the skin. Hyoung sued Yoo; the store that contained the pharmacy where she had the prescription filled, Target Corp.; and a number of pharmaceutical companies. Mediture, Wolters Kluwer Health Inc., and PDX Inc. were later added as defendants to the case. However, several of the defendants were let out of the case, and the matter ultimately went to trial against Yoo only. Hyoung alleged that Yoo was negligent in prescribing Bactrim and that this negligence constituted medical malpractice. Plaintiff’s counsel contended that Yoo failed to take an adequately thorough medical history before prescribing the drug to Hyoung. Specifically, counsel argued that Yoo negligently prescribed Septra/Bactrim to Hyoung when a first-line antibiotic, specifically Doxycycline, was working to control her acne. Counsel argued that even if Yoo mistakenly believed that Doxycycline was not working, Yoo failed to try another available first-line antibiotic, specifically Minocycline, prior to prescribing the second- or third-line antibiotic of Septra/Bactrim. Plaintiff’s counsel also argued that Yoo did not adequately educate Hyoung on the fact that he made a change from a first-line antibiotic to Septra/Bactrim and that Yoo also did not educate Hyoung on the warning signals of an allergic reaction. Counsel contended that Yoo should have warned Hyoung about the dangers of taking Bactrim, as compared to the milder antibiotics she had previously used to treat her acne. Defense counsel argued that the decision to prescribe Bactrim was appropriate, as Hyoung’s previous medications failed to clear up her acne. Counsel contended that Bactrim is well-recognized as an antibiotic for MRSA, but that it is also used to treat acne when first-line treatments fail. Defense counsel also contended that Stevens-Johnson syndrome is so rare that physicians who prescribe Bactrim generally do not warn their patients about it. Counsel contended that, instead, physicians would tell their patients to stop taking the drug and to seek medical attention if they develop a rash or fever., The trial was bifurcated. Damages were not before the court. Hyoung developed Stevens-Johnson syndrome, which is a life-threatening condition that causes dangerous blistering of the skin. She also claimed that she suffers post-traumatic stress disorder as a result of the ordeal. Plaintiff’s counsel had allegedly planned to present a life-care plan for Hyoung that included $10 million in economic damages alone.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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