Pharmacy Error Injury Lawyer Blog

Family Sues Hospital for Wrongful Death in Morphine Overdose

August 25, 2010 | Lebowitz & Mzhen

Our Hartford pharmacy error attorneys have recently been alerted about a wrongful death lawsuit announced last week involving the incorrect administration of morphine, a topic our Maryland attorneys have been reporting on in our Maryland nursing home lawyer blog.

The lawsuit claims that Henry Peters Dyck entered the hospital in July of 2008 with a condition on his right knee called hemarthrosis, that caused pain and bleeding in the joint of his right knee. Dyck was reportedly prescribed 10 – 30 mg of morphine in a liquid form every four hours as needed.

According to the lawsuit, filed by Dyck’s family, one week later, a nurse accidentally gave Dyck a cup of liquid morphine that contained 100 mg, instead of the 10 – 30 mg he was supposed to receive. The dosage was around five times stronger than his prescription called for, and this medication error caused Dyck to go into distress from the morphine poisoning.

The staff at the hospital reportedly tried to reverse the poisoning by pumping Dyck’s stomach, inducing vomiting and flushing his bowels, but the attempts failed, causing Dyck to suffer a heart attack. Dyck died four hours after the morphine overdose.

Dyck’s family claims in the lawsuit that the staff did not give him Naloxone, a drug known to be used as a remedy to stop the lift-threatening effects of morphine. The family alleges that the hospital’s attempts in saving Dyck’s life were not effective, caused him great pain and were physically invasive—all contributing in the end to Dyck’s wrongful death.

ISMP Licenses MEDcounselor Drug Information to Prevent Medication Error

August 16, 2010 | Lebowitz & Mzhen

According to a press release that our Baltimore pharmacy error attorneys have been following, Gold Standard/Elsevier, a drug information and medication management solution developer, has licensed MEDcounselor Drug Information modules to the Institute for Safe Medication Practices (ISMP) for its consumer website, ConsumerMedSafety.org.

The ISMP is certified by the federal government as a non-profit safety organization of physicians, pharmacists and nurses that strive to prevent medication error and adverse drug events. ISMP offers confidentiality and legal protection for patients who submit safety and medication error reports, and claims that Gold Standard’s MEDcounselor modules are a valuable tool to help consumers become more engaged with their health care, and to make more informed medication decisions—which could prevent medication errors, and patient injuries and deaths on a worldwide basis.

The MEDcounselor modules available through ConsumerMedSafety.org include:

• Drug Information: When typing in the first three letters of the name of a drug, patients and consumers have access to medication information like side effects, important usage, and drug interactions for every prescribed prescription drug in the United States. Over-the-counter (OTC) drugs, vitamins, and nutritional supplements are also included in this information.
• MEDcounselor is written to comply with all national standards for Consumer Medication Information (CMI) and is available in both Spanish and English languages to avoid medication error.
• Drug IDentifier: If capsules or tablets become separated from the original package or container, consumers will be able to identify the drugs quickly by entering the imprint or marking that usually appears in the form of numbers. Patients can also select from thirty colors and twenty-five drug tablet/capsule shape choices for identification.
• Drug Interactions: Consumers and patients will be able to access possible drug interactions between prescription drugs, OTC medication, herbal and nutritional supplements, as well as any food intake, caffeine, alcohol and tobacco products that may interfere with the drug. Drug interaction alert include severity ranking that is color-coded for ease of use, and increases the clarity for the user.

Promoting Electronic Prescribing in Physician Practices

August 3, 2010 | Lebowitz & Mzhen

As our attorneys from Lebowitz and Mzhen Personal Injury Lawyers discussed in a recent blog, although e-prescribing usage has increased in recent years, many local doctors claim that the current e-prescribing systems, although helpful for reducing medication errors, can lead to more mistakes in prescribing.

According to Todd Rowland, M.D. and director of medical informatics for Bloomington, Hospital in Indiana, although the majority of electronic health records systems offer electronic prescribing as an option, some still charge a fee to doctors who use the electronic transmissions for prescriptions. In some instances physicians can send the prescriptions by fax for free, but then get charged to send prescriptions electronically. He also said that physicians are on tight time schedules, and systems that are new require additional steps, that are often overlooked.

Rowland also claimed that right now, many e-prescribing systems have unnecessary drug interaction alerts that pop up while a doctor is prescribing. He claims that as doctors have time-sensitive practices, the e-prescribing should provide high quality information, that prevents medication error, but also fits into their practice, without slowing them down.

Last year, the Center for Medicare and Medicaid Services (CMS) promoted the switch to electronic prescribing by paying doctors a bonus for e-prescribing. By 2012, doctors who are not e-prescribing with be financially penalized by the federal government. As we reported in a recent blog, President Obama’s economic stimulus this year included over $19 billion for health information technology, to help doctors and hospitals pay for the cost of electronic medical records systems and to help improve the safety, quality and efficiency of healthcare.

E-prescribing Usage Increases with Doctors, but Not Without Problems

August 2, 2010 | Lebowitz & Mzhen

As our Washington D.C. Pharmacy Error Injury Attorneys reported in a recent blog, physicians who are not prescribing medications electronically, or e-prescribing, by 2012 will be financially penalized by the federal government.

Although the use of electronic prescribing has increased in years, and evidence shows that e-prescribing can reduce pharmacy misfills that can lead to patient injury or even wrongful death, many local doctors reportedly clam that overall acceptance of this important technology is lagging.

According to a study published last week by the Washington-based think tank, the Center for Studying Health System Change, less than one-third of this country’s physicians in office settings, are e-prescribing. The study also revealed that even fewer physicians that were e-prescribing were using the beneficial aspects of the system, like searching for serious drug interactions and using the system to cross reference patient insurance for prescription drug verifications to ensure health plan payment coverage. The study also found that even fewer doctors who used the electronic system would actually prescribe medications electronically, opting to use the fax machine instead for prescription submittal.

The Institute of Medicine (IOM) claims 1.5 million people in this country are injured by preventable medication errors, with nearly 7,000 deaths every year.

USP Advisory Panel Pushes for Prescription Label Standardization

July 29, 2010 | Lebowitz & Mzhen

According to the Institute of Medicine (IOM), the misuse of medication results in over one million adverse drug events every year. In a recent blog, our attorneys discussed the current efforts made by the U.S. Pharmacopeial Convention (USP) to establish a universal standard for prescription drug labels and instructions, by issuing a series of recommendations in order to add more consistency to prescription labeling—to reduce medication errors that can result in personal injury or wrongful death.

The USP is a Maryland-based nonprofit organization that issues standards that are legally enforceable for the quality, strength, and purity of medicines in this country. In 2007, the USP developed the Health Literacy and Prescription Container Labeling Advisory Panel to examine the different ways prescription drug labeling could be improved.

The IOM claims that health literacy affects ninety million adults, who are unable to benefit properly from the health care due to a lack of understanding of drug instructions and information about medication interactions. After the IOM called for new drug label standards, the USP panel recently released recommendations that are based on patient well being, and health literacy—as bad health literacy can cause medication errors, and increase the potential for heath risks and personal injury.

According to Joanne G. Schwartzberg, co-chair of the panel, standardizing the medication labels can markedly improve the health and safety of patients, by providing reliable, simple and straightforward information. The USP panel recommendations cover the appearance, content, format and languages on prescription labels, in an effort to optimize patient understanding, and eliminate medication error and misuse.

Man Sues CVS for Pharmacy Misfill

July 28, 2010 | Lebowitz & Mzhen

As our Baltimore, Maryland pharmacy error injury attorneys reported in a recent blog, pharmacy errors or misfills can happen in every step of a prescription’s path in a pharmacy. Many factors can lead to prescription error, including misunderstanding a doctor’s handwriting, making mistakes with prescription codes or abbreviations, and misreading a patient’s medical conditions or medication list, among others.

In a recent pharmacy mistake lawsuit, filed last month, Charles Stevens, 70, was given a prescription for Lomotil, an anti-diarrhea medicine that he dropped off to be filled at his local CVS Pharmacy in Santa Barbara, CA in 2009. When Stevens picked up his prescription, he was allegedly mistakenly given a prescription for Warfarin Sodium, a medication prescribed for blood-thinning. Stevens was reportedly already taking blood-thinning medication, and after taking the prescription misfill, he suffered major bleeding, and was immediately taken by his wife to the hospital.

Stevens and his wife are reportedly suing CVS for pharmacy negligence, and pharmacy malpractice, claiming that the pharmacy failed to read the prescription correctly, misfilled his medication bottle with incorrect drugs, and failed to properly analyze Stevens’ medication profile, which could have prevented the medication mistake.

CVS reportedly has a patient profile mechanism that is used to protect patients from such dangerous drug errors as well as dangerous drug combinations, or repeat or double-diagnoses. According to Stevens’ attorney, CVS reportedly admitted to the pharmacy mistake and Stevens’ lawyers are asking for over $200,000 in damages.

Forum Guidance Leads FDA to Help Reduce Medication Errors

July 26, 2010 | Lebowitz & Mzhen

According to recent news that our Washington D.C. pharmacy error injury attorneys have been following, the U.S. Food and Drug Administration (FDA) has committed to reduce medication mistakes by publishing a draft guidance by the end of this fiscal year. The FDA states that one third of medication errors, including 30% of errors ending in deaths that are reported to the Institute of Safe Medication Practices (ISMP), may occur as a result of drug labeling and packaging.

The FDA reportedly claimed that medication errors often happen as a result of names that look alike or sound alike, encoded numerals, failure to recognize active ingredients, dangerous medical abbreviations, and name length.

In a FDA workshop last month, Carol Holquist, RPh and director of FDA’s Division of Medication Error Prevention and Analysis reportedly claimed that guidance on these medication mistake issues is an important first step to developing a consensus to form new FDA regulations, which can take around 10-15 years.

The American Society of Health-System Pharmacists (ASHP)’s director of Medication Use Quality Improvement, Bona Benjamin, also reportedly told the workshop group that the ASHP’s 2007 recommendations for the FDA are still current—that human factoring should be applied scientifically to drug packaging and labeling, and barcode verification should be encouraged, as nearly 20% of hospitals are using barcode medication verification.

Woman Sues Walgreens for Seizure Medication Pharmacy Error

July 14, 2010 | Lebowitz & Mzhen

In recent news that our Baltimore, Maryland pharmacy error injury lawyers have been following, a Texas woman filed a lawsuit against Walgreens last week, claiming that a pharmacist mislabeled her medication—a mistake the woman claims, that could have caused her wrongful death.

According to Jessica Soliz, a Walgreens pharmacist made a major pharmacy error when labeling her prescription for seizure medication. After Soliz picked up her prescription drugs from the pharmacy and began taking them, she reportedly became very ill. The prescription error wasn’t discovered until a nurse looked at the label, and realized that prescription was mislabeled to read that each pill contained 25 milligrams of Lamictal, when in fact each pill in the bottle contained 100 milligrams or the drug.

According to the FDA, the most common medication errors are due to wrong doses, incorrect drugs, or the incorrect administration of drugs. The Institute of Medicine reports that there are around 1.5 million medication error injuries that happen every year, with at least 7,000 deaths.

In Soliz’s case, Walgreens responded that they were sorry that this pharmacy error occurred. They stated that they take pharmacy safety seriously, and are constantly working to improve the quality, accuracy and service of all pharmacy orders, to prevent pharmacy error injury or wrongful death.

Drug Alert Warns Epinephrine Syringe Shortage Could Lead to Dosing Error Risks

June 30, 2010 | Lebowitz & Mzhen

In yesterday’s blog, our medication error attorneys discussed a recent accidental overdose of epinephrine that led to a man’s death in a hospital. According to the FDA, Epinephrine is a high alert medication that could cause significant patient harm or injury when used in error. Medication error can occur when there is confusion in regard to epinephrine product ratio strengths. The Institute for Safe Medication Practices, ISMP, has received a number of fatality reports due to miscalculations of strengths of epinephrine injections.

In similar epinephrine news, the Institute for Safe Medication Practices (ISMP), and the American Society of Health-System Pharmacists (ASHP), announced a National Alert Network (NAN) message this month, to warn healthcare providers about dangerous medication mistakes that could be caused by a shortage of pre-filled epinephrine syringes.

The NAN warning states that emergency syringes of epinephrine in 1mg/10mL (0.1 mg/ml) are currently on backorder from the Hospira Inc., the only manufacturer of the product after the pharmaceutical company Amphastar stopped making its emergency syringes of the drug in 2009.

According to ASHP’s director of medication use, quality and improvement, Bona Benjamin, Epinephrine is a life saving drug used in ambulances, hospitals and any other emergency settings when a patient’s heart has stopped.

Benjamin claimed that the shortage of epinephrine does not effect quantities of the EpiPen, the epinephrine injection products that are self administered in .3 mg and .15 mg doses, to remedy severe emergency reactions to food, medication, insect bites, and other reactions of an allergic nature.

Man Dies After Receiving Overdose of Drug in Hospital

June 29, 2010 | Lebowitz & Mzhen

Our Maryland Medication Error Attorneys have been reading about the tragic incident that happen in Maine recently, after a local man went to the emergency room with symptoms of anaphylaxis, and was given an overdose of the drug epinephrine—causing his wrongful death.

After suffering an allergic reaction from eating seafood that included facial swelling and thickening of the tongue, Timothy Harvey, 51, went to the Mayo Regional Hospital emergency room for treatment. Harvey was reportedly given 0.3 milligrams of epinephrine, and reportedly showed good signs of improvement.

While Harvey was being observed by the hospital staff, he had another allergic attack, with some of the earlier symptoms. The staff reportedly gave him another dose of epinephrine, but accidentally administered an incorrect dosage of the drug, causing a medication error that was ten times the normal dose, 3 milligrams instead of 0.3 milligrams.

According to the FDA, Epinephrine is a high alert medication that could cause significant harm or patient injury when used in error. When Harvey started to experience chest pain and shortness of breath, the medical team discovered the mistake, and immediately contacted the poison control center to attempt to reverse the effects of the drug, but with no success. The Epinephrine overdose ultimately killed Harvey, despite the hospital staff’s many attempts to save his life.