Pharmacy Error Injury Lawyer Blog

A Tragic Pharmacy Error Turns into an Opportunity for Positive Change

March 26, 2018 | Lebowitz & Mzhen

By some estimates, medical errors are among the top three causes of death in the United States. While the classification of a medical error is broad, including surgical errors and medical malpractice, the classification also includes pharmacy errors. Indeed, there are tens of thousands of pharmacy errors each year, and this number is likely a gross underestimate because nearly all errors that do not result in serious injuries or death go unreported.

When pharmacy errors are reported, authorities take them very seriously. Indeed, a recent article discusses one pharmacist who was found guilty of reckless homicide and imprisoned for six months after an error he made resulted in a young girl’s death. While this is rare, it does happen because the law does not necessarily require intentional conduct to find someone guilty of a homicide.

According to a recent news report, the pharmacist who was responsible for the young girl’s death has tried to turn his life around with the help of a seemingly unlikely friend – the father of the girl who died from the pharmacist’s mistake. In the wake of his daughter’s death, the girl’s father decided that he did not believe the pharmacist intended to cause an error and that he wanted to do what he could to emotionally support the pharmacist while he was in jail. The two men became friends and have since begun to work together to help raise awareness around issues of pharmacy errors.

Woman Given Ten Times the Prescribed Dose of Epilepsy Medication Suffers Permanent Symptoms

March 21, 2018 | Lebowitz & Mzhen

Earlier this month, a local news article covered the story of a woman who suffers from what appear to be permanent symptoms related to an overdose of prescription epilepsy medication. According to the report, the woman was diagnosed with epilepsy years ago and wrestled with various treatments. Eventually, she was prescribed 10 mg of Briviak, an epilepsy medication, twice a day.

The pharmacist to whom the woman took the prescription, however, filled the prescription with 100 mg pills. The woman took the medication as prescribed for three months, refilling the prescription several rimes in that period. Once she discovered the error, the woman’s doctors had to slowly wean her off the medication. Despite that, she still suffers from withdrawal symptoms. In addition, she suffers from permanent pain and twitching. She told reporters that, although she is just 24 years old, she feels as though she is a “75, 80-year old woman.”

The pharmacy responsible for the error acknowledged the mistake, claiming that it was in fact due to human error. The pharmacy has since revised their processes and coached all pharmacists and technicians. The woman told reporters that she understands humans can make mistakes, but she hopes to bring awareness to the issue of pharmacy errors. She has not yet decided if she will pursue a lawsuit against the pharmacy.

The Dangers of Pharmacy Errors Involving Opioid Medications

March 11, 2018 | Lebowitz & Mzhen

Over the past decade, the U.S. has seen a dramatic increase in the number of deaths as a result of opioid use and abuse. Indeed, according to the most recent government statistics, over 35,000 people die each year as a result of opioid overdoses. Roughly half of these deaths are caused by prescription painkillers. These figures represent a nearly three-times increase over previous years.

The recent rash of opioid deaths has called into question the medical profession’s reliance on these drugs to treat pain. Notwithstanding the well-understood dangers of opioid use and abuse, opioid painkillers are still prescribed in record numbers each year. Not surprisingly, given the number of prescriptions filled each year, there are a significant number of pharmacy errors involving opioids.

Regardless of the type of medication involved, pharmacists have a duty to ensure that a patient’s prescription is filled accurately. This means not only making sure that the correct drug is provided to the patient, but also providing the proper dose and instructions. When pharmacists make an error involving a drug as dangerous as an opioid painkiller, there is a high likelihood that the patient could accidentally overdose.

Medication Errors, Although Under Reported, Are Still a Leading Cause of Death in the U.S.

March 1, 2018 | Lebowitz & Mzhen

Medical professionals, such as doctors, nurses, and pharmacists, are human, and as a result, it is expected that they will, on occasion, make mistakes. This does not mean that they are bad people or have a malicious intent behind their actions; the vast majority of medical errors are results of a system that places too heavy a burden on medical professionals.

Putting aside the lack of intent to cause harm, the reality is that Maryland pharmacy errors do cause a significant number of patients to suffer serious injuries each year. According to a recent study by Johns Hopkins University, there are over 250,000 pharmacy errors each year. However, according to a recent news report discussing the new study, the actual rate of pharmacy errors may be much higher than originally thought.

The reason for the potential disparity, the article claims, is the manner in which physicians, funeral directors, coroners, and medical examiners fill out death certificates. Evidently, it is common practice to use broad categories when referring to someone’s cause of death. This, in effect, groups preventable medical errors that were results of human or computer errors in with other non-preventable causes of death. As a result, the reported instances of preventable pharmacy errors are difficult to determine.

Medication Overdoses Caused by Prescription Errors

February 22, 2018 | Lebowitz & Mzhen

When a pharmacist gives a patient the wrong medication, or the incorrect dose of the proper medication, the patient can be put in great danger. The range of medical issues that can result from a Maryland pharmacy error is broad, but the most common problems that arise after a pharmacy error are adverse reactions and overdoses.

Many prescription medications are controlled for the very reason that they interact negatively with a large number of other medications – both prescription and over-the-counter. Other medications are controlled due to the fact that they require a very precise dosage to be effective. If these medications are provided in excess strength, the patient may suffer an overdose that can potentially be fatal.

Of course, pharmacists are responsible to correctly fill patients’ prescriptions. And while pharmacists cannot normally be held criminally liable for their errors, injured patients and their families may be able to pursue a claim for financial compensation from the pharmacist as well as their employer. These pharmacy error lawsuits, however, can be complex due to the scientific issues that arise when attempting to prove that a pharmacist’s error was the cause of the patient’s injuries.

Pre-Trial Settlements in Pharmacy Error Cases

February 15, 2018 | Lebowitz & Mzhen

When a pharmacist provides a patient with the wrong medication, and the patient suffers harm as a result of the pharmacist’s error, the patient may be entitled to monetary compensation though a Maryland pharmacy error lawsuit. However, while these cases seem to present straightforward and easily identifiable issues, in practice, pharmacy error cases can be extremely complex. Most often, these complexities arise when attempting to establish causation.

Some pharmacy error cases, however, are straightforward, and liability is more easily established. When this is the case, it is more likely that the defendant pharmacy will opt to settle the case out of court rather than take the case to trial.

Regardless of the specific facts at issue, pre-trial settlements can help both sides in a Maryland personal injury case. For one, settlement agreements allow for each side to know exactly what the outcome of the case will be without the uncertainty of having a trial. This allows for pharmacies to more accurately gauge what their liabilities will be and allows for the victims to have a firm grasp on how much compensation they will receive for their injuries. In addition, pre-trial settlements can result in the efficient resolution of a case, often saving months, if not years. For these reasons, among others, it is estimated that approximately 95% of all civil cases result in the parties settling the case out of court.

The Importance of Adequate Warnings on Prescription Medications in Maryland

February 8, 2018 | 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.

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Recent Pharmacy Error Causes Patient “Horrendous” Symptoms

February 1, 2018 | Lebowitz & Mzhen

Prescription drugs are controlled by the government for good reason. For many drugs, it is because the active substance contained in the drug that can help cure a patient’s ailment may have a dangerous interaction when taken with a common medication. Other medications are controlled due to their sensitive dosage instructions, potential for abuse and addiction, or nasty side effects.

It doesn’t come as a surprise, then, that patients can suffer serious injuries or even death following a Maryland pharmacy error. In such cases, the patient may be able to obtain compensation for their injuries through a Maryland pharmacy error lawsuit. These lawsuits are often complex, and more often than not they rely on expert witness testimony to establish liability. The most common topic on which experts are needed is establishing that the plaintiff’s injury was related to their ingestion of the mis-filled medication.

According to a recent news report, one man became seriously ill after being provided the wrong medication by the local pharmacy where he had refilled his prescriptions for the past 14 years. Evidently, the man’s physician had written him a prescription to help with his insomnia, but the man was given another drug that is used to treat high blood pressure. The two medications have similar names.

Major U.S. City Takes Steps to Reduce Pharmacy Errors

January 22, 2018 | Lebowitz & Mzhen

Maryland medical errors – including misfilled prescriptions – are one of the leading causes of death in the state and across the country. Indeed, a 2016 study by Johns Hopkins concluded that, if properly tracked, medical errors would be the third-leading cause of death in the United States. However, due to the fact that the law allows for voluntary reporting of most errors, many Maryland pharmacy errors go unreported.

According to a recent industry news report, Chicago is taking affirmative steps to combat the growing number of pharmacy errors. The city’s actions follow a report by a local paper indicating that of the 25 pharmacies surveyed, over 50% committed at least one error. The city’s attempts are premised on the longstanding and verified belief that the more prescriptions a pharmacist fills per shift, the higher is the chance that the pharmacist will make a medication error in the type, dose, or administration of a drug.

In an attempt to reduce future errors, Chicago lawmakers have proposed a number of pharmacy regulations. For example, one proposed regulation limits the total number of prescriptions a pharmacist can fill by hour to 10. Another regulation requires that pharmacists who have been working in excess of eight hours notify patients as they fill their prescription. Lawmakers have also proposed that pharmacists be required to take one 30-minute lunch break and several 15-minute breaks per eight-hour shift.

Court Discusses Potential Scope of Liability Against Brand-Name Drug Manufacturer in Case Involving Generic Medication

January 15, 2018 | Lebowitz & Mzhen

Under Maryland product liability law, the manufacturer of a product has a duty to ensure that the product does not present any unreasonable risk of harm to the consumer when the product is used for its intended purpose. Additionally, product liability law also generally applies a blanket of strict liability over all parties in the product’s chain of distribution. This means that any party in the chain of distribution may be liable for a plaintiff’s injuries caused by the product without a showing that the party was negligent.

When discussing the liability of a pharmaceutical manufacturer that allegedly created a dangerous drug, some specific rules apply. For example, in a recent case, the court discusses whether a brand-name manufacturer can be potentially liable in a case involving a plaintiff’s injuries that arose after consumption of a bioequivalent generic medication. Ultimately, the court concluded that the brand-name manufacturer could be held liable under the state’s product liability laws, and it dismissed the defendant manufacturer’s motion for summary judgment.

The Facts of the Case

The plaintiffs were two children born with serious developmental delays by the time they turned three, and they were later diagnosed with autism by the age of five. During delivery, the plaintiffs’ mother was given the generic equivalent of the medication Brethine to suppress premature delivery. The plaintiffs were born full-term but later experienced what they claim to be the side effects of the medication.