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Articles Posted in Judicial Decisions

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Appeals Court Affirms Seemingly Low Damage Award in Medication Error Case, Amends Judgment to Add Loss of Consortium Damages: Langley v. American Legion Hospital

A woman seeking treatment for an allergic reaction to a bee sting alleged in a lawsuit that she suffered severe and ongoing injuries when hospital staff incorrectly administered her medication. After a trial in Langley v. American Legion Hospital, the court awarded her $25,000 in damages, but awarded nothing to…

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Appellate Court Denies State Access to Pharmacy’s Medication Error Data, Citing Federal Privacy Laws: Department of Financial and Professional Regulation v. Walgreen Company

A pharmacy resisted a subpoena from Illinois regulators seeking information on medication errors, citing a federal law that encourages pharmacies to track medication errors, but protects the confidentiality of those records. The trial court agreed with the pharmacy’s position in Department of Financial and Professional Regulation v. Walgreen Company, 970…

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Punitive Damages in Maryland Medication Error Litigation: Marsh v. Arnot Ogden Medical Center

In a lawsuit alleging a fatal medication error against a physician, a nurse, and the hospital that employed them, the Appellate Division of New York, Third Department reversed the trial court’s dismissal of the plaintiff’s claims for punitive damages. The court ruled in Marsh v. Arnot Ogden Medical Center, 91…

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Insurance Company Denies Accidental Death Benefits, Arguing that Man’s Death from Medication Error Was Not an “Accident”: Estate of Paul v. New York Life Insurance Company

After a nurse’s medication error allegedly caused a man’s death, his executor claimed compensation under the Accidental Death Benefit (ADB) clause of his life insurance policy. The insurance company refused, arguing that the man’s death was not “accidental,” as defined by the policy. The executor sued, claiming in Estate of…

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Federal Court Transfers Lawsuit Against Pharmaceutical Company from Washington DC to Ohio

A woman must pursue her lawsuit against a pharmaceutical company in the Southern District of Ohio rather than the District of Columbia, according to a ruling in Sheffer v. Novartis Pharmaceuticals Corporation. The plaintiff and her husband brought suit alleging claims including strict liability and failure to warn of potentially…

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Woman Injured by Medication Error During Eye Surgery Gets New Trial

A woman who lost one of her eyes after eye surgery got a new trial after her case went before the Iowa Court of Appeals. After a trial in Whitley v. C.R. Pharmacy Service, Inc., a jury originally returned a verdict in favor of the defendant pharmacy. The plaintiff appealed,…

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Third Circuit Addresses Issue of Standing in “Off-Label” Pharmaceutical Marketing Litigation

The Third Circuit Court of Appeals affirmed the dismissal of a consolidated putative class action lawsuit against pharmaceutical company and its affiliated marketing companies. A trial court had ruled that plaintiffs lacked standing to sue the defendants over alleged off-label marketing of certain drugs. The plaintiffs were consumers, whose doctors…

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Court Rejects State Effort to Obtain Patient Data In Pharmacy Error Investigation

An appellate court in Illinois has rejected an effort by the state’s Department of Financial and Professional Regulation (DFPR) to obtain quality control reports from a pharmacy. Walgreens Pharmacy refused to comply with a subpoena from DFPR seeking information on several pharmacists under investigation. Walgreens argued that producing the reports…

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Glaxo Pays $750M in Settlement for Violations in Pharmaceutical Drug Manufacturing

Our Washington D.C. pharmacy error injury attorneys have been following the recent announcement by the U.S. Department of Justice (DOJ) that GlaxoSmithKline (GSK), a research-based pharmaceutical and healthcare company, has agreed to pay the government $750 million in an effort to settle criminal and civil charges alleging that the company…

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Preventing Prescription Errors: Consumer Reports Health Poll Finds Patients Want More Drug Information

Our Baltimore, Maryland pharmacy error injury lawyers have been following the results of a recent Consumer Reports Health Poll, that found that 65 percent of most Americans feel that drug makers have too much influence on doctors, and that doctors are too quick to prescribe drugs instead of exploring other…

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