This New Jersey case raises some questions that may never be answered since it was settled out of court. The Record reported that on September 24, 2007 Saddle River resident, Scott Simon (then 17) attended a party at Donny Nuckel’s home. At the party another guest brought Xanax that he had stolen from Harding Liquor & Pharmacy (located in Ridgewood, NJ, pictured left) where he was previously employed.
Simon took the stolen medication which resulted in him slipping into a coma. The guests at the party did not call emergency responders; instead they waited a while and then drove him to the hospital. Simon suffered permanent nerve damage that has impaired his ability to walk and talk as the result of the pharmaceutical injury.
Simon’s lawyer, John Schepisi, said, “He stays at home now, trying to recuperate. He can’t walk without help. He has been declared incompetent.”
His lawyer also asserted that Simon’s doctors have said his injuries would not have been permanent had he received immediate medical assistant. Had the party guests called 911, he may not have ended up in this permanent state.
Simon brought suit against the pharmacy for not taking proper precautions to avoid the drugs being stolen, as well as Nuckel, Nuckel’s mother (who was away for the weekend at the time of the party), the guest who brought the stolen drugs, and other party guests who failed to call for help.
All parties involved decided to settle rather than go through the lengthy and expensive process of a trial. The pharmacy is to pay $1,900,000; Nuckel and his mother will pay $1,200,000; and the remaining $1,000,000 will be paid by the remaining defendants.
Simon’s other attorney, Silvana Raso, explained that he client does share some responsibility for ingesting the drugs.
This leaves the question of, just how much fault lies with the pharmacy? They are paying the most in the settlement, which means they do recognize some fault. It remains unknown to the media what position the person who stole the drugs was in. Was he a pharmacy worker or merely a cashier? If he wasn’t qualified to be in the pharmacy portion, how was he able to get a hold of the Xanax in the first place?
Also, it is unclear why the person who actually provided the stolen drugs wasn’t held more accountable. It is unknown as to how much of the million dollars he or she will pay. With so much gray area, who really is to blame for Simon’s tragic injury? What do you think?
Photo credit: Ridgewood Patch.
