Pressler

Pressler v. Irvine Drugs, Inc.

Good Law
169 Cal. App. 3d 1244·1985 Cal. App. LEXIS 2206·215 Cal. Rptr. 807
Court of Appeal of CaliforniaJuly 12, 1985G000381California2,751 words

Opinion

Opinion

Sonenshine, J.

In September 1979 Michael Pressler, a diabetic who had required daily injections of insulin for approximately 20 years (since the age of 13), requested his usual Semilente insulin from a clerk at the pharmacy counter of Danber Drugs. She replied there was no prescription for a Mr. Semilente. When informed Semilente was the product, she spoke with a man, apparently the pharmacist, and was told either “Give him some Lente” or “Give him Lente.”

Without noticing he was given Lente rather than Semilente (or being aware at the time of any distinction), he injected the drug for several days. He experienced intermittent episodes of disorientation. At noon on September 30 he felt unwell and fell asleep. He did not awaken until 3 a.m. on October 1, having missed his scheduled employment as an accordion player the previous evening. Upon awakening, he was confused and disoriented, but called his girlfriend to find out what time it was. He apparently told her he had discovered he had been using Lente rather than Semilente. The evidence is unclear as to whether he did or did not discontinue its use.

Pressler spent the following evening at his girlfriend’s apartment. She was awakened…

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