Pharmacy Error Injury Lawyer Blog

Receiving Compensation for Vaccine-Related Injuries in Maryland

December 16, 2019 | Lebowitz & Mzhen

Vaccinations are incredibly important to the health and safety of the human population. In fact, vaccinating one’s child is one of the most critical things that a parent can do to protect them and others from many diseases. However, as with any medication or injection, vaccinations do come with some slight risks of Maryland pharmacy errors and injuries or even death.

Understanding the risks and the importance of vaccinations, Congress enacted the National Vaccine Injury Compensation Program in 1986 so that those affected by vaccine-related injuries or the vaccine-related death of a loved one can petition to receive compensation for the tragic incident. Vaccine injury claims can only be litigated through this system, administered by the Office of Special Masters of the U.S. Court of Federal Claims. In the 43 years since the system began, $4.2 billion in compensation has been awarded to claimants.

There are two ways to qualify for compensation under the program. The first, and easier, way is to establish an injury listed on the Vaccine Act’s injury table that occurred within a designated period after the vaccine was received. If this can be shown, causation is presumed, and compensation is awarded. Injuries on the table include anaphylaxis, chronic arthritis, shoulder injuries, and paralytic polio.

The Risk of Pharmacy Errors in Maryland Children’s Hospitals

December 6, 2019 | Lebowitz & Mzhen

For a parent, almost nothing is scarier than having your child be sick and in need of hospitalization. Unfortunately, parents across Maryland face this reality every day, relying on children’s hospitals and wards to protect their infants and children. Hospitals are supposed to keep their patients safe and take care of them to the best of their abilities, but, tragically, sometimes mistakes happen, jeopardizing the health and livelihood of young patients. One common type of mistake is pharmacy errors, when the incorrect medication or dosage is given to one or more patient. These errors are particularly concerning when the patients are infants or children, particularly vulnerable and potentially unable to communicate when something feels wrong.

When pharmacy errors happen, the results can be tragic, potentially leading to severe health concerns or even death. That risk is increased when the mistake is not immediately discovered, but rather continues to happen. For example, a children’s hospital in Cincinnati recently admitted to mistakenly giving several patients a wrongly mixed batch of blood pressure medication. According to a local news report covering the tragic incident, one of the victims affected is an 11-month-old baby, who received 54 doses of the incorrectly mixed drug. Each dose was ten times stronger than required, and although the infant survived, he suffered kidney damage as a result.

The hospital has not released much additional information. At this time, it is unknown how many other patients received the incorrect medication, for how long, or what adverse outcomes occurred. The hospital has also not made clear whether the incorrectly mixed medication was created in its own pharmacy or received from an outside supplier.

Is There a Risk to Getting the Flu Shot in Maryland?

November 26, 2019 | Lebowitz & Mzhen

With flu season approaching, many individuals across Maryland are headed to get their flu shots to try and protect themselves, their families, and their communities. Indeed, getting a flu shot is typically one of the safest and healthiest things you can do. Unfortunately, however, getting any shot, including the flu shot, always comes with some risks. Sometimes medical professionals may make a mistake, or pharmacy mishaps can happen, leading to individuals getting injected with the wrong medicine.

For instance, ten individuals were hospitalized earlier this month when they were given the wrong shot. According to a local news report covering the incident, a group home for developmentally disabled individuals brought in health professionals to give flu shots to residents and staff, to protect the home from the flu as much as possible. However, the vial containing the flu vaccine actually contained insulin, and the insulin was mistakenly injected into patients. As a result of the mix-up, ten people had to be transported to the hospital.

This tragic story highlights that, unfortunately, even well-trained medical professionals can make, or be a part of, a pharmacy mistake. According to the police, the person giving the shots at the group home had been practicing pharmacy for 40 years. Authorities are still not sure how the mix-up happened, but as of right now believe it to be a terrible mistake.

Are Maryland Patients Who Take Zantac at Risk?

November 18, 2019 | Lebowitz & Mzhen

According to a national news report, several retailers and pharmacy chains are suspending the sale of Zantac, a popular heartburn medication. The decision was made after concerns arose that the drug may contain a substance that can cause cancer. The makers of the drug face a potential class-action lawsuit, and other Maryland pharmacy error lawsuits may arise from those suffering the adverse effects of the drug.

According to the United States Food and Drug Administration (FDA), doctors routinely prescribe Zantac to treat heartburn and stomach acidity issues. Potential issues with the medication arose shortly after approval for mass distribution in the 1980s. However, the FDA did not provide medical professionals with the warning until they discovered that the carcinogenic agent ranged from 3,000 to over 25,000 times the approved limit. The agent has been linked to cancers of the lung, kidneys, bladder, and stomach. Additionally, the toxic agent is related to liver scarring, fibrosis and tumors. The FDA has not issued a formal recall notice, nor did they tell patients to stop taking the product, however, many national retailers have pulled the medication and replaced it with generic versions that lack the specific impurity. This, however, has brought up concerns regarding the safety and efficacy of prescription drugs whose generic equivalents are manufactured in foreign counties where the FDA typically lacks adequate oversight.

Although the FDA has not recalled Zantac, several drugstores voluntarily removed the product, likely in an attempt to avoid liability if the product eventually gets recalled. Those injured after taking a dangerous drug may seek damages for injuries in instances where a product has been recalled but a retailer or hospital does not abide by the notice. Patients and consumers may suffer serious injuries such as permanent organ damage, cancer, and even death when a party fails to comply with a recall notice. Moreover, manufacturers cannot escape liability just because they issue a recall. Manufacturers, distributors, and retailers may still face liability if they did not adequately issue the recall, provide appropriate warnings and remedies, or abide by the recall notice. Patients should heed the warnings from the FDA and their doctors about specific medications. If they do not abide by the warnings and suffer injuries, they may face difficulties holding the responsible parties liable for their damages.

Common Issues in Maryland Pharmacy Error Cases

November 12, 2019 | Lebowitz & Mzhen

When a pharmacist incorrectly fills a patient’s prescription, the pharmacist may be liable to the patient for any injuries that occur as a result of the medical error. However, in a Maryland pharmacy error lawsuit, a patient must be able to prove not just that an error was made, but that the pharmacist’s error caused them harm. While this may sound simple in theory, in practice the issues of causation and damages often raise significant hurdles.

Take, for example, a recent pharmacy error. According to a recent article, a patient was given a prescription for “Potassium Citrate ER 10 MEQ (1080mg) CR-TABS” after having a procedure to remove several kidney stones. The hospital printed out the correct prescription, and the patient took the prescription to be filled at a satellite location of the hospital pharmacy. However, upon taking it to the pharmacy, the patient was provided with “Potassium CL 10 MEQ 120.”

According to the man’s claim, the hospital’s pharmacy later called a local Rite-Aid to transfer the prescription, at his request. However, rather than calling in the correct prescription, the hospital pharmacy called in the Potassium CL 10 MEQ 120 pills. The man continued to take the medication for seven months, refilling the prescription each month. In total, the patient took the wrong medication for 10 months. During this time, the patient continued to form kidney stones, requiring additional treatment.

Are Patients Who Use Mail Order Pharmacies at Greater Risk for a Maryland Pharmacy Error?

November 5, 2019 | Lebowitz & Mzhen

Most people fill their prescriptions at a local pharmacy. However, over the past decade, more patients have begun to use mail-order pharmacies to fill their prescriptions. For many, mail-order pharmacies offer convenience and, for some patients, medication may be available at a lower cost. However, mail order pharmacies also present certain risks to patients. Indeed, there are hundreds of Maryland medication errors resulting from the negligence of mail-order pharmacies.

Not surprisingly, given the seriousness of the substances they deal with, pharmacists have a legal duty to their patients to accurately fill prescriptions and provide sound advice regarding the provided medication. Common types of errors include giving patients the wrong medication, dose, or incorrect instructions for how to take the medication. When a pharmacist makes an error that adversely affects a patient’s health, the pharmacist may be liable for the patient’s injuries.

Recently, the family of a woman who died as a result of taking unprescribed medication filed a lawsuit against the mail-order pharmacy that filled the woman’s prescription. According to a recent news report, the error occurred back in 2013, when the 74-year-old patient was sent medication she thought to be for her various conditions, including high blood pressure, diabetes, kidney dysfunction and a history of strokes. However, as it turns out, the pharmacy sent the woman six prescriptions that were meant for another woman.

Maryland Product Liability Claims Involving Medical Devices

October 28, 2019 | Lebowitz & Mzhen

Many people’s lives are saved by state-of-the-art medical devices. Those that suffer from health conditions requiring medical devices often rely not only on their doctor’s advice, but also on the manufacturers that design and construct these devices. However, too many patients suffer injuries as a result of defects in these medical devices. When a defective product causes an injury, the manufacturer may be liable through a Maryland product liability lawsuit.

Medical devices include any accessory that medical practitioners use to diagnose and treat a disease, illness, or injury. Some common examples of medical devices are defibrillators, artificial hips, pacemakers, implants, intrauterine devices, vaginal mesh, and stents. Although many of these devices are designed to help patients who are suffering from severe medical conditions, they often present many dangerous side effects themselves. Maryland patients injured by these devices may hold the manufactures or other parties associated with the distribution and marketing of the mechanism responsible for their injuries.

For example, a plaintiff recently filed a product liability lawsuit against a medical device manufacturer. In this case, the manufacturer designed the sling that was implanted to treat her urinary incontinence. After the implantation, the woman suffered thinning of her urethral wall and cystitis. She argued that her injuries were because of design defects in the device and filed a lawsuit based on negligence, defective design, and failure to warn. She presented expert testimony to support her claim that the device caused her injuries. Both the trial and the appellate court held that the manufacturer could be held liable to the woman for her injuries.

Maryland Pharmacies’ Failure to Warn Patients of Side Effects Can Result in Serious Injuries

October 22, 2019 | Lebowitz & Mzhen

When a patient picks up prescription medication from a pharmacy, they assume that the instructions given to them on the medication are correct, and that the medication won’t harm them. But unfortunately, far too many Maryland patients are harmed each year as a result of a pharmacy error. One common type of error is failing to warn the patient about potential side effects that may occur, and when the patient should stop taking the medication because of those side effects.

Pharmacies have a duty to warn their patients about the common side effects of drugs and can be held liable in some instances for injuries sustained if they fail to warn. For instance, if a drug causes drowsiness and patients taking the drug are advised not to drive while on it, the pharmacy must warn patients of this. If not, they could be held liable for injuries resulting from a motor vehicle accident if it was caused by the side-effect of the drug. Plaintiffs bringing a negligence suit in these cases can recover monetary damages if they can prove the elements of a negligence suit: that the pharmacy had a duty to warn their patients, that they breached this duty, that the breach was the proximate cause of the injury, and that real damages were suffered as a result of the injury.

Recently, a state appellate court considered a case arising from this very type of accident. According to the court’s written opinion, the patient had purchased a prescription drug product at her local pharmacy. The bottle given to her with the product had instructions to “Finish All Of This Medicine Unless Otherwise Directed By Your Doctor.” The bottle did not include any warning to stop using the product if the patient developed a skin rash or other adverse reaction.

Statutes of Limitations in Maryland Medical Malpractice Claims

October 14, 2019 | Lebowitz & Mzhen

When someone is injured because of someone else’s negligent actions, Maryland law allows the victim to seek monetary compensation from the responsible party. Victims of car or truck accidents, slip and fall cases, or medical malpractice, for example, can bring a Maryland personal injury claim. However, these personal injury cases are all subject to a certain statute of limitations, which is the period of time within which you must bring the case. For example, if the statute of limitations is two years, a plaintiff must file the case within two years after the accident occurs. A failure to do so will result in the claim being barred, and the victim will not be able to receive the compensation they deserve from the responsible party.

In Maryland, the statute of limitations for medical malpractice cases can be complicated, because sometimes the injury can occur long before the victim realizes. Maryland law accounts for this under Maryland Courts and Judicial Proceedings Code section 5-109, which states that a medical malpractice lawsuit must be filed within five years of when the injury occurred, or within three years of when the injury was discovered by the victim, whichever comes first. The discrepancy between the two dates can cause confusion and complicate lawsuits, making it difficult for plaintiffs to receive compensation for their injuries.

In a recent opinion, a state appellate court considered a situation like this, in which the plaintiff was not aware of the injury at the time it occurred. According to the court’s written opinion, the plaintiff, suffering from psoriatic arthritis, was prescribed Remicade by his doctor, which he continued to take for over two years. However, just over two years after he began taking the medicine, the plaintiff developed severe neuropathy. This neuropathy caused weakness, and the plaintiff lost the ability to walk and use his hands and arms. The plaintiff stopped taking Remicade but alleged that he was not aware that the medication was responsible for his injuries. According to the plaintiff, it was over a year before a different doctor told him that Remicade was the likely cause of his injuries. By that point, it had been over a year since the injury occurred, but the plaintiff only just found out about it. Thus, medical malpractice rules that account for this potential discrepancy are incredibly important for preserving a plaintiff’s right to bring a personal injury claim.

Punitive Damages in Maryland Pharmacy Error Cases

October 7, 2019 | Lebowitz & Mzhen

Recently, an appellate court issued an opinion addressing issues that frequently occur in Maryland pharmacy error lawsuits. The lawsuit stemmed from the tragic death of a woman who received the wrong medication from her pharmacy. Evidently, the woman was treated at a hospital for fluid buildup in her lungs. At discharge, a nurse called the woman’s pharmacy, spoke to a pharmacy technician, and ordered a prescription for a diuretic. However, the technician made several errors when inputting the patient’s information, including wrong identifying information, incorrect spelling of the nurse’s name, and misspelling of several medications. However, the most egregious error was misreporting a medication and dosage. This error had severe consequences, as the patient died as a result of the incorrect medication.

The woman’s family filed a wrongful death lawsuit against the hospital and the pharmacy, alleging damages for negligence and requesting additional damages due to aggravating circumstances. The hospital settled their claims, and the lawsuit against the pharmacy proceeded to trial. The pharmacy moved to dismiss the aggravating circumstances portion of the lawsuit. The trial court granted the motion, and the jury awarded the family two million dollars in damages; however, the amount was significantly reduced because of the applicable damage caps. The family appealed the judge’s decision to dismiss the aggravating circumstances element of their claim.

Under Maryland law, pharmacy error plaintiffs can recover damages for the injuries they sustained because of the pharmacy’s negligence. Maryland law allows plaintiffs to recover compensatory damages to make them “whole again.” There are two main types of compensatory damages, special and general. Special damages are usually tangible costs that the plaintiff incurred because of the defendant’s negligence. Whereas, general damages are those that cannot be easily quantifiable, such as pain and suffering.