$1.5 Million Rare Jury Verdict for Tardive Dyskinesia-Related Medication Error

$1.5 Million

L. v. Howard Michael Segal M.D., et al.

Our client, a 21-year-old man with autism, received the first reported Cook County verdict in at least 25 years involving a medication and its connection to tardive dyskinesia, an involuntary movement disorder. The movement disorder developed in our client after he was prescribed the antipsychotic drug Zyprexa for several years by his psychiatrist. Once the psychiatrist informed our client’s mother that her son’s facial ticks and uncontrollable tongue thrusting might be related to the medication, a neurologist diagnosed her son with tardive dyskinesia. We successfully argued that the psychiatrist’s refilling of the prescription for about three years without monitoring the drug’s effects through regular office visits caused the condition to become irreversible. The $1.5 million verdict was limited to $1 million because of a high-low agreement reached during deliberations that avoided possible appeals and post-trial motions.