HUNTINGTON – A Cabell County jury recently awarded $1.34 million to a man who suffered permanent injuries from a slip-and-fall incident at a now-shuttered pharmacy.
Dan Carter went to Fruth Pharmacy’s 7th Avenue story in Huntington on September 14, 2021. While walking down an aisle, he slipped on a clear substance believed to be water. Because it was clear and the floor was white tile, Carter says he didn’t see the water.
When Carter fell, he struck the back of his head on the edge of a metal shelf. He notified the store manager what had happened. Although his head hurt, Carter refused medical treatment and went home.
Carter said he was lethargic and sleep for the next two days, more or less staying at home and napping.
On September 17, 2021, Carter was walking his dogs when he experienced a seizure. He was taken to Cabell Huntington Hospital by ambulance. While in the Emergency Department, he experienced a second seizure.
Carter was diagnosed with a traumatic brain injury. Both a CT and MRI confirmed he had suffered an acute, focal cerebellar stroke. He also developed a seizure disorder.
Carter has sustained permanent cognitive impairment as a result of the fall and still suffers from seizures, according to Nate Kuratomi, one of the attorneys who represented Carter at trial.
Kuratomi
“We trusted the jury to listen to all of the evidence and to come to the decision that they thought was right,” Curatomi told The West Virginia Record. “We are very thankful to the jury for their time and service and are happy for Dan that they returned a verdict in his favor.”
After a five-day trial, the jury returned a verdict August 3 for Carter. The $1.34 million included $440,000 for future medical care, $50,000 for pain and suffering, $50,000 for mental anguish and emotional distress and $800,000 for loss of capacity to enjoy life.
“Dan just wants to get himself back as best he can,” Kuratomi said.
Last fall, Fruth announced plans to close all of its locations in West Virginia and Ohio. The company had been in business for more than 70 years.
“Pharmacies have been under attack by greedy PBMs (Pharmacy Benefit Managers) for many years,” company owner Lynne Fruth said in announcing the closure plans. “By reimbursing pharmacies less money than a medication costs, PBMs have caused the closure of thousands of pharmacies across America.
““The continued closings of pharmacies must be a wakeup call for lawmakers to hold PBMs accountable before all pharmacies disappear.”
PBMs virtually manage the drug supply chain, serving as the middleman between drug manufacturers, pharmacies, and insurance providers.
Earlier this year, another lawsuit was filed against Fruth for a similar incident that occurred at the same Huntington location.
In this case, Carter was represented by Kuratomi and Thom Boggs of Warner Law Offices.
