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again, time for professional jurors.....

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Man who overdosed at teen house party awarded $4.1 million settlement

 

Thursday, December 22, 2011 Last updated: Friday December 23, 2011, 7:28 AM

 

BY KIBRET MARKOS

 

STAFF WRITER

 

The Record

 

 

 

 

Pages: 12>display on one page | Print | E-mail

 

A Saddle River man will receive $4.1 million to settle his claim that he suffered permanent nerve damage after overdosing on drugs obtained illegally from a Ridgewood pharmacy and given to him at a party.

 

Scott Simon said he was 17 years old when he attended a party four years ago at the home of Donny Nuckel, another Saddle River teenager. One guest at the party was a former employee of Harding Pharmacy, who stole Xanax from the drugstore and gave it to Simon, said Simon's attorney, John Schepisi.

 

Schepisi said Simon ingested the drugs at the party and went into a coma. Instead of calling for help immediately, other guests waited for a while before they drove him to the hospital, the lawyer said.

 

Simon suffered permanent nerve damage that impaired his ability to walk and talk, among other ailments, Schepisi said.

 

"He stays at home now, trying to recuperate," Schepisi said. "He can't walk without help. He has been declared incompetent."

 

Doctors have said the injuries would not have been permanent had he been rushed to the hospital, he said.

 

Simon sued the pharmacy for not taking proper precautions to avoid theft of drugs. He also sued the party's host and his parents, along with several guests that he said failed to call for emergency help after Simon took the drugs.

 

The settlement requires Harding Pharmacy to pay $1.9 million. Donny Nuckel and his mother, Linda, will pay $1.2 million, while the pharmacy employee and other guests at the party will pay the remaining amount.

 

Silvana Raso, Simon's other attorney, said her client did not pursue a claim against Donny's father, Donald, because the father did not live at the house at the time. The other defendants named him as a party to the lawsuit, she said.

 

Donald Nuckel's attorney, Peter Mueller, said his client was eventually dismissed from the suit.

 

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What's the problem here? The pharmacy is responsible for securing their controlled substances for this very reason. This simply should never happen. I am responsible for the controlled substances at my practice. If there's any issue at all I could lose my license. I'm well aware of that and you better believe the controlled drugs are handled properly.

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What's the problem here? The pharmacy is responsible for securing their controlled substances for this very reason. This simply should never happen. I am responsible for the controlled substances at my practice. If there's any issue at all I could lose my license. I'm well aware of that and you better believe the controlled drugs are handled properly.

 

This award is EXACTLY what's wrong with this Country.....W-H-O took the drug?, Mr. Simon did.

 

Those pills could have come from anywhere, the ONLY problem here is this nitwit knowingly took illegal drugs to get high - that's on HIM.

 

No one is responsible for their own actions anymore..... :rolleyes:

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So, leaving the Pharmacy out of the equation, let's suppose that instead of turning Mr. Simon into a slightly ambulatory bag of flour the whole experience had

the opposite effect and he became brilliant (ala Flowers for Algernon). Would the same jury award monies to Nuckel and crew for enhancing Mr. Simons life?

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Quote:

Originally Posted by likwid View Post

 

A professional jury, seeing the evidence given, would have also awarded him the same as the jury found the evidence proposed plausible.

 

I doubt the award would have been "the same" or even close,  as one can never predict what a jury will do, but agree the outcome would likely have been a ruling in the dumbass druggy's favor. 

 

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I doubt the award would have been "the same" or even close,  as one can never predict what a jury will do, but agree the outcome would likely have been a ruling in the dumbass druggy's favor. 

 

This award is EXACTLY what's wrong with this Country.....W-H-O took the drug?, Mr. Simon did.

Those pills could have come from anywhere, the ONLY problem here is this nitwit knowingly took illegal drugs to get high - that's on HIM.

No one is responsible for their own actions anymore..... :rolleyes:

 

R u serious !!!

 

The guy (17 year old) was in a coma and could not drag himself to an emergency ward, ya yipchit...

 

To suggest pharmacies should not be held accountable for controlling their substances is ridiculous.

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Quote:

Originally Posted by Surf Cat View Post

 

R u serious !!!

 

The guy (17 year old) was in a coma and could not drag himself to an emergency ward, ya yipchit...

 

To suggest pharmacies should not be held accountable for controlling their substances is ridiculous.

 

I think your post could use another edit for clarity. 

 

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I think your post could use another edit for clarity. 

 

Mm, not sure what you're after Jeff, I ain't defending the general sense of a druggie not being responsible for their own actions, but a 17 year old effing up cause a pharmacy allowed easy access to narcotics bears certain concerns.

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Quote:

Originally Posted by Surf Cat View Post

 

R u serious !!!

 

The guy (17 year old) was in a coma and could not drag himself to an emergency ward, ya yipchit...

 

To suggest pharmacies should not be held accountable for controlling their substances is ridiculous.

 

To suggest people should not be held accountable for their own actions is even more ridiculous. 

 

 

 

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Quote:

Originally Posted by Surf Cat View Post

 

Mm, not sure what you're after Jeff, I ain't defending the general sense of a druggie not being responsible for their own actions, but a 17 year old effing up cause a pharmacy allowed easy access to narcotics bears certain concerns.

 

Yeah, so which person were you referring to as a 'yipchit'. You quoted two posts with a somewhat different point. See what I mean yet? 

 

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R u serious !!!

The guy (17 year old) was in a coma and could not drag himself to an emergency ward, ya yipchit...

To suggest pharmacies should not be held accountable for controlling their substances is ridiculous.

 

And your point is?

 

Face it Stupid Hurts. Scotty beamed up a whole lota 'Stupid'

 

You know the only sure way to prevent Employee Theft, and by the way, the 'Provider' of the Drugs was an Employee of the Pharmacy, is to not have Employees. Why, I'll bet you'd want to hold Car Manufacturers responsible for Drunk Drivers. They should be held responsible for controlling their Products, right?........;)........

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Mm, not sure what you're after Jeff, I ain't defending the general sense of a druggie not being responsible for their own actions, but a 17 year old effing up cause a pharmacy allowed easy access to narcotics bears certain concerns.

 

But did 'they' allow easy access? Or, is this just a assumption on your part to justify a position? Personal Responsibility is a real Female Dog sometimes............

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