Professional Negligence Law Reporter

Doe, 44, developed acute hearing loss and underwent a series of bilateral compounded dexamethasone injections into her middle ear. After receiving the third injection on her right side, she experienced pain and burning on that side of her face. Subsequent testing revealed that she had diminished word recognition. She also developed tinnitus in her right ear.

Doe and her husband sued the pharmacist who compounded the injections, alleging that the injections contained benzyl alcohol, which is toxic to the middle ear. The plaintiffs did not claim lost income.

The defendant asserted that she thought the product was to be administered topically and that it had been compounded properly. The defense also argued that Doe’s condition resulted from endolymphatic hydrops.

The parties settled for $262,500 following mediation.

Citation: Doe v. Roe Pharmacist, Confidential Dkt. No. (Cal. Super. Ct. Orange Cty. Oct. 30, 2020).

Plaintiff counsel: AAJ member Daniel M. Hodes, Irvine, Calif.