.n {git TURBIN CHU HEIDT, A Law Corporation .. RICHARD TURBIN (1044) A H. 30 RAI SAINT CHU (1133) - JANICE D. HEIDT (8984) Paci?c Guardian Center, Mauka Tower 737 Bishop Street, Suite 2730 Honolulu, Hawaii 96813 Telephone: (808) 528-4000 Attorneys for Plaintiff DARIN YAMASHIRO IN CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII I 16?1?10-10-05 I Hi L, DARIN YAMASHIRO, CIVIL NO. (Other Non?Vehicle Tort) Plaintiff, vs. COMPLAINT and SUMMONS LONGS DRUG STORES CALIFORNIA, L.L.C. dba LONGS DRUGS #9954; and DOE DEFENDANTS 1-20, Defendants. COMPLAINT Comes now Plaintiff DARIN YAMASHIRO, by and through his attorneys, TURBIN CHU HEIDT, and hereby alleges and avers the following claims against Defendants LONGS DRUG STORES CALIFORNIA, L.L.C. dba LONGS DRUGS #9954, and DOE DEFENDANTS 1-20: 1. At all times material to this Complaint, Plaintiff DARIN YAMASHIRO resided in the City and County of Honolulu, State of Hawaii. 2. At all times material to this Complaint, Defendant LONGS DRUG STORES CALIFORNIA, L.L.C. dba LONGS DRUGS #9954 (hereinafter was a foreign row Limited Liability Company organized in the State of California and registered to do business in the State of Hawaii. 3. Prior to ?ling this Complaint, Plaintiff or his counsel made a diligent search in order to ascertain the existence, full names, and identities of all persons or entities that may be legally responsible for the Plaintiff?s injuries and damages but have no knowledge or information regarding the Defendants in this action designated as Doe Defendants 1 - 20. Said Defendants are persons, corporations, partnerships, governmental bodies, political subdivisions and/or their agents, and/or other entities of whatever kind, and are sued herein under these ?ctitious names as their true names and identities are unknown to the Plaintiff, except that they may be connected in some manner with the named Defendant or may be connected to agents, servants, employees, employers, representatives, joint ventures, associates and/or independent contractors of the named Defendant or are independent of the named Defendant and were engaged in activities or negligent conduct alleged herein or in some other manner unknown to Plaintiff. 4. All events material to this Complaint occurred within the City and County of Honolulu, State of Hawaii, and within the jurisdiction of the Circuit Court of the First Circuit, State of Hawaii, pursuant to Haw. Rev. Stat. 603-215 and 604?5. 5. This court has personal jurisdiction over the Defendants pursuant to Haw. Rev. Stat. 634?35. 6. At all times material to this Complaint, Defendant LONGS operated the retail pharmacy known as ?Longs Drugs? located at 2470 South King Street in the City and County of Honolulu, State of Hawaii (hereinafter ?the pharmacy?). 7. At all times material to this Complaint, Defendant LONGS employed licensed pharmacists and other employees whose responsibility it was to properly, safely, and non- negligently dispense prescription medications in compliance with the laws and regulations of the State of Hawaii and the United States of America. 8. Defendant LONGS is liable for any and all of the Plaintiff DARIN damages arising from the negligent acts, omissions and/or conduct of the licensed pharmacists and others in its employ or otherwise acting as its agents and/ or servants under the theory of respondeat superior, ostensible authority, apparent authority, and/or vicarious liability. 9. On or about Monday, May 18, 2015, Plaintiff DARIN YAMASHIRO went to the pharmacy to have ?lled a physician?s prescription for the medication Colestipol, which is designed to manage blood cholesterol levels. 10. At said time and place, a pharmacist or other person employed by Defendant LONGS at the pharmacy erroneously and negligently dispensed to Plaintiff DARIN YAMASI-IIRO the prescription medication Clozapine 200 mg, a powerful, dangerous, and strictly-controlled ?black box? drug, in a pill bottle labeled ?Colestipol.? 11. After returning home on Monday, May 18, 2016, Plaintiff DARIN YAMASHIRO, following the instructions of his physician, took his ?rst dose of the medication he had purchased ?om the pharmacy which he believed to be Colestipol and which was in a bottle provided by the pharmacy marked as ?Colestipol.? 12. At or about 2:30 pm. on Monday, May 18, 2016, Plaintiff?s wife, Miki Yamashiro, returned home to ?nd Plaintiff DARJN YAMASHIRO in bed, disoriented, slurring his speech, complaining of dizziness, and in great fear for his health. Miki Yamashiro called 911 and the Honolulu Fire Department and Emergency Medical Services responded. 13. Plaintiff DARIN YAMASHIRO was tran3ported and admitted to The Queen?s Medical Center, where his continued and, after extensive testing and evaluation, the treating physicians determined Plaintiff DARIN YAMASHIRO was suffering from the effects of an overdose of the medication Clozapine 200 mg, the usual starting dosage for which is only 12.5 mg. 14. Defendant LONGS, by and through its employees, agents, and/or servant pharmacists, was negligent, grossly negligent and/or reckless. Defendant LONGS, by and through its employees, agents, and/or servant pharmacists, breached its duty of care to Plaintiff DARIN YAMASHIRO by failing to properly, accurately, and non-negligently dispense medication to ?ll Plaintiff DARIN prescription for Colestipol, by failing to take reasonable steps to ensure that dangerous, strictly-controlled, ?black box? medications such as Clozapine are stored separately from other medications, by failing to take reasonable steps to ensure that dangerous, strictly?controlled, ?black box? medications such as Clozapine are not dispensed in tablet sizes that would constitute an overdose, and by failing to institute and/or follow other safety procedures, rules, and/or protocols to ensure that prescriptions are properly, accurately, and non?negligently ?lled with the medications intended by the prescribing physicians. 15. As a result of the defendants? negligence, gross negligence and/or reckless conduct, the Plaintiff DARIN YAMASHIRO has suffered physical injuries; has endured pain, suffering, and extreme mental distress and anguish; has incurred medical and/or rehabilitative expenses; and has incurred loss of income and wages. 17. As a further direct, proximate, and legal result of the negligence, gross negligence, reckless conduct, negligent actions, and/or negligent omissions of the Defendants, Plaintiff DARIN YAMASHIRO suffered, and will continue to suffer in the future, other general and special damages to be shown at trial. 18. Furthermore, Defendant LONGS acted with heedless, reckless, and/or grossly negligent disregard when dispensing a dangerous, strictly-controlled, ?black box? medication to Plaintiff DARIN YAMASHIRO, which conduct warrants the awarding of punitive damages. WHEREFORE, Plaintiff DARIN YAMASHIRO prays that judgment be entered in his favor against Defendant LONGS DRUG STORES CALIFORNIA, L.L.C. dba LONGS DRUGS #9954, and DOE DEFENDANTS 1?20 as follows: a. General and special damages in amounts as will be proved at trial; b. Punitive damages in an amount that will be proved at trial; 0. Prejudgment interest from the date of the incident, post-judgment interest, costs of suit, and attorney fees; (1. Such other further relief as this Court deems just and proper. DATED: Honolulu, Hawaii, QS- . (r ?ichard Turlaain Raj Saint Chu Janice D. Heidt Attorneys for Plaintiff YAMASHIRO