$22.75 Million Verdict for Family of Developmentally Disabled Woman Who Died After Medication Errors at Residential Care Facility

Casarah Thomas was a severely developmentally disabled adult who lived at Shelley's House, a residential care facility in San Bernardino County owned and operated by Nineteenee Corp. She also attended a structured adult day program called BOT, run by Yodites and Associates Management LLC. Casarah had an undetected genetic condition, a CYP2D6 deficiency, that made her body unable to process the antidepressant Doxepin at a normal rate. As the drug accumulated to toxic levels, neither facility caught the signs.

On February 5 and 6, 2019, Casarah began showing new, troubling symptoms, outward signs of Doxepin intoxication that caregivers at both Shelley's House and BOT observed firsthand. Under California regulations and each facility's own policies, those symptoms required them to seek immediate medical attention. Neither did. That same period, Shelley's House compounded the situation by administering Topiramate, a medication her psychiatrist had previously discontinued specifically because of a bad prior reaction. Casarah died as a result of the combined drug toxicity.

The family, represented by Sweet James LLP attorneys Ashkahn Mohamadi and Bobby Taghavi, filed suit in San Bernardino Superior Court in December 2019 (Case No. CIVDS1937151), naming Nineteenee Corp., Yodites and Associates Management, Rodante and Delle Canlas, and others as defendants. The case was tried before Judge Janet M. Frangie over 23 court days.

Defendants were aware of the stakes. Before trial, the combined pre-trial defense offer was $1.7 million globally, including Nineteenee's $1 million policy limit. On the eve of the verdict, Yodites raised its offer to $4 million, bringing the total defense offer to $5 million. The jury rejected that value and deliberated for under two hours before returning a verdict on April 26, 2023.

The award totaled $22,750,000, split equally between the two defendants at $11,375,000 each. The jury allocated $4 million to past non-economic damages and $18.75 million to future non-economic damages. No reduction or reversal on post-trial motions or appeal had been reported as of the date of publication.