Man Given Opposite of Intended Medication Sues Pharmacy

A man who went into a pharmacy in order to get pills to keep him awake throughout the day allegedly ended up suffering serious consequences when he was instead given sleeping pills.

The 61 year old man alleges that the mistake caused him to get into minor car accidents, and led to his arrest for driving under the influence of a controlled substance. Luckily for the man, prosecutors later dropped the misdemeanor charges when they decided that he probably was not aware of what he had been taking.

The pharmacy reportedly told police that they had given the man someone else’s prescription. However, the pharmacist also claimed that he told the man that they were sleeping pills, and were only to be taken before bed.

However, the victim in the case maintains that he was given no such warnings, and that he had in fact been instructed to take the medication in the morning. His suit claims that after taking the first pill, that afternoon he began to run some errands, and became drowsy and incoherent. He then pulled his vehicle onto a sidewalk, then backed into another vehicle, before driving to a family member’s home and crashing into their garage door.

It was at this point the man was arrested based upon a suspicion of driving under the influence of a controlled substance, and for failure to report the earlier collision, among other charges. The officer’s report of the incident said that the man appeared to have difficulty walking, talking, and staying awake. Thereafter, as is customary in the area with DUI arrests, the man had to spend the night in jail prior to being released.

The man’s lawsuit alleges that due to the pharmacy’s error, which included incorrect instructions, he suffered monetary damages, including emotional distress, embarrassment and the humiliation of being wrongfully arrested and incarcerated, defamation libel, and the monetary damages related to the loss of his vehicle. He is seeking $5,235.44 in damages for the harm to his vehicle in addition to other unspecified expenses, costs and damages.

This lawsuit is an interesting look at the damage that medication errors can cause apart from simply hurting the individual who takes the wrongful prescription himself. In this case, it appears as though the underlying error may have had no impact on the man’s health, or at least none were alleged, and if he would have stayed home, there may have been no lawsuit. However, because he did go out to live his normal life, damages were incurred. In any lawsuit, in order to be able to file a claim, you must be able to prove not only that damage (a harm) was incurred, but also that the defendant (the person or business that you are suing) was proximately (directly) to blame for causing your damages.

Pharmacists are human; they make errors. Unfortunately, these mistakes can lead to serious injuries, and in some cases even death. Administering an incorrect medication altogether could implicate allergies or drug incompatibilities, leading to potentially deadly, if not simply inconvenient, side effects. The incorrect medication could lead to a trip to the emergency room, or worse. Once the wrong drug enters your bloodstream, it could cause lifelong damage and wreak havoc on your system.

If you or a loved one has been injured or killed as a result of a pharmacy error or medication misfill, contact the attorneys at Lebowitz & Mzhen. We have extensive experience in representing victims of medication errors in Maryland who have been harmed by taking the wrong medications. Contact us today through our website to schedule your free initial consultation in order to discuss your case. We will fight to secure a settlement or judgment that compensates you for medical bills, pain and suffering, physical therapy, and all related costs or damages you may have incurred. You can reach us through our website, or by calling (800) 654-1949.

More Blog Posts:

Pharmacist’s License Revoked Following Dangerous Drug Mistakes, Pharmacy Error Injury Lawyer Blog, published June 24, 2013
Pennsylvania Patient Safety Organization Releases Staggering Report of Prescription Errors, Pharmacy Error Injury Lawyer Blog, published June 17, 2013

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