Walter v. Wal-Mart Stores, Inc.

Wal-Mart pharmacist Lovin mistakenly filled Walter's (plaintiff) prescription for the mild chemotherapy drug Chlorambucil with Melphalan, a much stronger drug typically given in smaller doses for shorter periods, without counseling her or performing standard verification checks; Walter suffered severe complications requiring five weeks of hospitalization, though the drug did put her cancer into remission. Lovin himself testified he had failed to meet the pharmacist standard of care and that Walter had no reason to suspect she received the wrong drug; the trial judge granted judgment as a matter of law on liability, and a jury awarded $550,000, which Wal-Mart (defendant) appealed as excessive and improperly established.