Adverse Reactions

January 23, 2019

Statutes of Limitations in Maryland Pharmacy Error Cases

Maryland personal injury plaintiffs risk having their cases dismissed if they fail to file their claims within the applicable statute of limitations. In a recent case before a state appellate court, the court dismissed the pharmaceutical claim for failing to timely file a claim.

The plaintiff had filed a lawsuit against pharmaceutical companies, alleging that they were liable for his gambling and other losses because he suffered from obsessive-compulsive disorder as a result of taking Mirapex. Mirapex is an FDA-approved medication used to treat Parkinson’s disease, which the plaintiff began taking in 2006 to treat his Parkinson’s disease. After taking it for two years, he told his doctor that he was experiencing increased compulsive behaviors, including gambling. His doctor told him there was a possible association between Mirapex and compulsive behaviors. The plaintiff raised the issue with his doctor several months later. The plaintiff’s family eventually learned of substantial debts resulting from his gambling, at which point the doctor told the plaintiff not to take Mirapex anymore, advising him to use other therapeutic options instead.

When the plaintiff filed the lawsuit against the drug’s manufacturers, the companies claimed that the lawsuit was time-barred, arguing that the plaintiff filed the case after the two-year statute of limitations for personal injury claims under state law. The plaintiff did not dispute that he knew or should have known that he had been wronged by the defendant by April 23, 2008, after discussing the effects of Mirapex with his doctor on more than one occasion. However, he did not file the claim until December 2010. The plaintiff argued that the statute of limitations was tolled until July 2010, because he continued taking Mirapex until that time, and because “continuing violations” are not time-barred. Under that state’s law, a personal injury claim must be filed within two years. However, under what it calls the “continuing accrual” principle, in continuing or recurring liability cases, “a cause of action accrues each time a wrongful act occurs,” which means that the statute of limitations begins again for that act.

April 16, 2018

How a Physician May Be Responsible for a Maryland Pharmacy Error

by Lebowitz & Mzhen

Most Maryland pharmacy errors occur when an overworked pharmacist receives a correct prescription from a physician and makes an error in filling the prescription. Commonly, these errors include filling the wrong dose of the correct medication, providing the patient with the wrong administration instructions, or filling the prescription with the wrong drug. However, some prescription errors result from a negligent or reckless physician.

Both doctors and pharmacists owe a duty of care to their patients when it comes to prescription medication. However, these duties differ slightly, and for good reason. A pharmacist has no control over the medication a doctor prescribes to his patient, and a doctor has no control over the accuracy of the pharmacist. However, in some cases, these duties overlap.

In a recent article, one pharmacist recounts an error that was made just a few years after he had graduated from pharmacy school. The pharmacist, relatively new at the time, was asked by a physician to prescribe an adult dose of medication to a child. When the pharmacist questioned what he believed to be too high a dose for a child, the doctor assured the pharmacist that it was appropriate because the child was “adult-sized.”

February 8, 2018

The Importance of Adequate Warnings on Prescription Medications in Maryland

by Lebowitz & Mzhen

Manufacturers of pharmaceutical drugs – like other products – are responsible for the products they market and release to the public. Some drugs pose a serious health risk due to potential negative interactions with other commonly taken medications, other medications are easily abused and can lead to dependence or addiction, and many pharmaceuticals can have serious side effects when taken improperly.

In general, the manufacturer of a medication is responsible to include an adequate warning, fully disclosing the risks involved with taking the medication. If a drug manufacturer fails to include an adequate warning with their product, they may be held liable for any injuries caused to those who take the medication through a Maryland product liability lawsuit.

Testosterone-Therapy Drugs

Testosterone-therapy drugs have been available for decades, and until recently, they have primarily been prescribed to younger men with low testosterone production. However, over the past few years, doctors have been prescribing testosterone-therapy drugs to older men. These medications, however, are not without their risks.

June 8, 2017

Adverse Reactions to Prescription Medication

by Lebowitz & Mzhen

The availability of prescription medication is restricted and controlled by the government for good reason. In most cases, prescription medications are powerful drugs that, while they do have the power to heal, also have the potential to cause serious adverse effects in some patients.

In some cases, medications are only available through a prescription because that specific medication presents an increased risk of abuse. However, some drugs pose no real potential for abuse but are controlled due to the serious effects they may have on the patient. Of course, this includes situations in which the patient is taking other prescription medication, as well as cases in which the patient is prescribed only one medication. The reality is that even with the advancement of medicine, doctors and pharmacists cannot always know how a patient’s body will react to a certain medication.

In general, doctors and pharmacists have a duty to ensure that the medication they are providing to a patient is not known to be dangerous. This means that a pharmacist should not substitute generic medication for name-brand drugs unless the physician specifically allows for such a substitution. It also means that pharmacists should be double-checking which medications a patient is taking before providing a new medication that may adversely react with an existing one.