COVID-19

Maryland Pharmacies Stretched to Their Limits As a Result of Covid-19 Pandemic

January 10, 2022 | Lebowitz & Mzhen

In light of the COVID-19 global pandemic, many pharmacies have been stretched to their limits because pharmacists are often manning the phones, the drop-off and pick-up area in the pharmacy itself, dealing with drive-through customers, and giving out vaccinations—all at the same time.

No matter how busy a pharmacy or pharmacist team is, however, consumers should be able to trust that the medication they are receiving is correct. Because pharmacists must exercise extreme attention to detail when prescribing medication down to the type, dose, and patient who is receiving the prescription, when a mistake is made, it can often have devastating consequences. When pharmacies are especially busy and prone to mistakes, it is more crucial than ever that they are held accountable for any injuries or issues their mistakes may cause.

According to a recent local news report, a Baltimore pharmacy has temporarily stopped administering COVID-19 vaccines because its staff has been stretched to its limits. In addition to the global pandemic resulting in a greater demand for pharmacy services, a state-required audit of Maryland pharmacies has pushed already busy pharmacies to their breaking point. Although the state of Maryland offered an extension, the owner of the Baltimore pharmacy stated that holding off for a few extra weeks simply would not be enough.

Employee Shortage May Result in More Maryland Pharmacy Errors

December 31, 2021 | Lebowitz & Mzhen

COVID-19 has made an indelible impact on almost every aspect of a person’s life, and while there is hope on the horizon, the effects continue to reverberate. One significant impact is the ongoing staff and supply shortages at many pharmacies. Pharmaceutical shortages can be deadly to some consumers, but employee shortages can also result in Maryland pharmacy errors. A recent piece from NBC highlighted how these shortages impact the health of those throughout the country.

Pharmacy technicians primarily work in retail pharmacies and hospital pharmacies. Pharmacies are reporting that many of their technicians are leaving in droves because of the increasing demand. The majority of the workers behind a pharmacy counter are pharmacy technicians. These positions are often low-wage and do not require an advanced degree. Technicians are responsible for counting pills, filling prescriptions, and checking inventory. All of these duties are fundamentally important to ensuring consumer safety.

Although many understand that working in a pharmacy is inherently fast-paced, many technicians argue that the wage has not kept up with the workload. Most importantly, workers explained that the demands led to safety issues for consumers. Workers expressed that the stresses and influx of work made them far more likely to make mistakes or catch errors. These errors can have life-threatening and deadly consequences for those who rely on pharmacists and technicians for their medication.

Liability for COVID-19 and Flu Vaccine Errors

December 16, 2021 | Lebowitz & Mzhen

The COVID-19 vaccine and booster rollout have brought on a feeling of hope and relief for many people throughout the country. However, like any other pharmaceutical or holistic remedy, there are various points where something can go awry. Maryland and federal law surrounding vaccine errors involve the complex interplay of various legal theories and immunities. As such, those who have experienced a pharmaceutical injury should contact an experienced attorney to discuss their rights and potential remedies.

Generally, when a person suffers injury after a vaccine, they may seek damages and benefits through the National Vaccine Injury Compensation Program (VICP). Lawmakers designed this program to compensate those who have suffered injuries because of a vaccine. However, the program does not cover all vaccinations and generally applies to standard inoculations such as childhood vaccines and the flu shot. Common vaccine side effects include injection site reactions, tiredness, headache, muscle pain, and fever. In more serious and rare cases, vaccines may result in shoulder injury, autoimmune disorders, and cognitive issues.

The public has reacted in a myriad of ways after the release of the COVID-19 vaccine. Despite promising results, the medications have not been subject to the standard timeline of many other vaccines. However, the top complaints to the Institution of Safe Medication Practices (ISMP) involve vaccine errors instead of vaccine injury.

Virginia Pharmacy Dispenses Incorrect Dose of Covid-19 Vaccine to Children

November 19, 2021 | Lebowitz & Mzhen

The recent rollout of the most popular Covid-19 vaccines for use in 5 to 11-year-old children may present a unique opportunity for Americans to successfully battle the Covid-19 pandemic. Allowing children to be vaccinated will most likely reduce the community spread of the virus and allow Americans to return to their lifestyles from before the pandemic. Although the vaccine contents are the same for adults and children, the dosage approved for children aged 5 to 11 years is smaller than the approved dosage for adults. A recently published local news report discusses how one Virginia pharmacy mistakenly gave children vaccine shots that were dosed for adults.

According to the news report, the pharmacy, located in Loudoun County, VA gave over 100 children doses of the vaccine that were meant for people 12 years of age and older. Although the pharmacy has admitted their mistake publicly, the news report mentions that some families whose kids received the improper dose of the vaccine were not notified of the mix-up. The report does not note any unexpected side effects or other injury to the children who received the wrong dose of the vaccine, however, the mistake happened only recently and the long-term effects are not yet known.

Consumers are expected to put their faith in licensed pharmacists to dispense medications as prescribed by a doctor. This extends to vaccinations and other duties besides simply filling prescriptions. Although pharmacists and other pharmacy employees are trusted to do their jobs correctly, mistakes such as the recent Covid-19 vaccine mix-up are quite common. Pharmacies that dispense the wrong medication or the wrong dose of medication could cause their patients serious harm or even death by their mistake. Pharmacies and their employees may be understaffed and overworked as a result of the covid-19 pandemic, but this should not excuse negligence on the job.

Baltimore 4-year-old Accidently Given COVID Vaccine Instead of Flu Shot

October 11, 2021 | Lebowitz & Mzhen

A 4-year-old was recently accidentally administered a COVID-19 vaccine when she was brought in to get a flu shot. According to one news article, the Maryland pharmacy error occurred when the 4-year-old girl went with her parents to a Walgreens pharmacy in Baltimore, Maryland. She was supposed to receive a flu shot but the pharmacist accidentally injected her with a dose of the Pfizer/BioNTech COVID-19 vaccine. The vaccine is not currently authorized for children younger than 12 years old and the vaccine for 5 to 11 year-olds, which is not yet authorized, only has about a third of the dosage given to the 4-year-old.

The girl’s parents did not know what to do and a nurse’s hotline and Poison Control “yielded few answers.” Researchers are still looking into the effects of COVID-19 vaccines on young children and toddlers, including at the University of Maryland School of Medicine in Baltimore. A representative from the U.S. Food and Drug Administration stated that vaccination providers are supposed to report vaccine administration errors to The Vaccine Adverse Event Reporting System, managed by the federal government.

Although no adverse effects were reported in this case, the case illustrates that other, possibly more serious, errors can occur. Medical errors and vaccine errors occur all too frequently. In the event of a Maryland pharmacy error, victims may be able to recover financial compensation for their injuries, which may include medical bills, lost wages, and other financial losses, as well as emotional suffering. In a lawsuit against the parties responsible for the error, a victim would have to show that the defendant(s) owed a duty of care to the victim, the defendant(s) failed to meet the standard of care required in that situation by acting or failing to act in some way, the defendant(s)’s wrongful act caused the victim’s injury, and the victim suffered damages as a result.

Maryland Pharmaceutical and Vaccine Error Claims

July 25, 2021 | Lebowitz & Mzhen

While more Americans are willingly taking the COVID-19 vaccine to protect themselves and the vulnerable individuals around them, it is understandable that consumers question the efficacy and safety of the vaccine. Maryland pharmaceutical errors can occur in various situations, and despite the safety of the vaccine, accidents and reactions can occur. Although there has been an overwhelming number of safe vaccinations, some people have suffered serious reactions. The common side effects of the vaccine include pain, redness, swelling, tiredness, muscle pain and fever. However, a small number of people suffered anaphylaxis, thrombosis, and heart issues. These cases are exceedingly challenging, mainly because the vaccines have not been subject to the same testing standards as other medications and vaccines.

Communicable diseases can threaten the livelihood of an entire population, and the government goes to great lengths to ensure that the public has access to critical medications and vaccines. However, in turn, the government created a safety net to protect those who do suffer an adverse reaction or injury because of a vaccine. Historically the National Vaccine Injury Compensation Program (VICP) compensates those who suffered injuries because of a childhood vaccine injury. To qualify for the program, the claimant’s injuries must meet certain thresholds, and the suit must be brought within the statute of limitations. However, injuries related to the COVID-19 vaccine would not fall under VICP’s protections.

Do Vaccine Manufacturers Have Immunity?

Yes, the Department of Health and Human Services provides immunity to companies that develop vaccines to address emergent diseases and viruses. As such, the Countermeasures Injury Compensation Program (CICP) prevents consumers from suing a COVID-19 vaccine producer unless the company engaged in willful misconduct. In these cases, affected consumers can only recover if they meet the program’s high evidentiary standards. Although compensation is available under the program, it is much less than is available under VICP.

Filing a Lawsuit After a Maryland Vaccine Error

June 24, 2021 | Lebowitz & Mzhen

As vaccination rates for COVID-19 continue to increase throughout the country, vaccine errors—although uncommon—do continue to occur. Individuals who suffer injuries due to a Maryland vaccine error may be able to file suit against the person and entities responsible for the error. Most vaccine errors are not purposeful, but rather are the result of mistakes. These lawsuits generally are based on negligence.

A negligence claim requires that a plaintiff demonstrate that a person or entity had a duty to act a certain way towards the plaintiff, failed to meet that duty by acting or failing to act in some way, the failure caused the plaintiff damages, and the plaintiff suffered damages. Generally, negligence claims must be filed within three years of the date of the injury. A plaintiff has to show that it is more likely than not that the victim’s injuries were caused by the defendant’s conduct.

What Are the Risks of a Vaccine Error?

Some vaccine error cases may cause the vaccine to be ineffective, exposing the patient to harm as an unvaccinated individual. Other vaccine errors can directly result in injury and even death. Pharmacists, pharmacies, manufacturers, hospitals, doctors, nurses, and other medical providers all may be potential defendants in vaccine error cases. Filing a vaccine error lawsuit requires substantial time and diligence before and after filing the lawsuit, including investigating the claim and potential defendants, properly filing and serving the complaint, meeting deadlines, filing motions, engaging in negotiations, and trying the case. Damages may include past and future medical treatment, lost income, pain and suffering, loss of companionship, and loss of parental care.

Common COVID-19 Vaccination Errors for Maryland Patients to Lookout for

June 17, 2021 | Lebowitz & Mzhen

The COVID-19 vaccine has been a welcome achievement for many. All individuals 12 and older living in Maryland are eligible to receive the COVID-19 vaccine and more than 6 million doses have been administered so far. But with the rate of vaccinations in the largest vaccination effort in U.S. history, COVID-19 vaccine-related errors do occur. According to one news source, an analysis of COVID-19-related event reports that were submitted to the Institute for Safe Medication Practices National Vaccine Errors Reporting Program from December 2020 to April 2021 reveals common COVID-19 vaccine errors:

Shoulder injury related to vaccine administration (SIRVA)

COVID-19 vaccines can be improperly injected into a patient’s shoulder joint instead of the deltoid muscle in the upper arm. This may occur due to a lack of training on the correct technique for administering intramuscular vaccines.

Maryland Pauses Administration of Johnson & Johnson Vaccine

April 20, 2021 | Lebowitz & Mzhen

Maryland, along with every other state in the U.S., paused the use of Johnson & Johnson’s coronavirus vaccine last week after six recipients of the vaccine in the country experienced a rare blood-clotting disorder. Over seven million people have received Johnson & Johnson’s vaccine in the United States so far. The six people who experienced the clotting disorder were women between 18 and 48 and experienced the disorder within three weeks of receiving the vaccine. In those cases, the blood clots occurred in the brain, and the women all showed low levels of platelets. One woman died from the illness. In a step to reduce Maryland vaccine errors and adverse reactions, Maryland’s Department of Health decided to pause the use of the Johnson & Johnson vaccine in the state “out of an abundance of caution.”

The AstraZeneca vaccine, which has been distributed in Europe, also had cases of individuals with blood clotting, which were “very, very similar” to the Johnson & Johnson clotting cases, one expert noted. Both vaccines use similar technology. A government committee will meet to evaluate further use of the Johnson & Johnson vaccine. The Centers for Disease Control said that individuals who have received the Johnson & Johnson vaccine in the past month should reach out to their doctors if they have abdominal pain, shortness of breath, leg pain, or severe headaches. Health officials reported that the people who experienced the clotting disorder most commonly had a persistent, moderate to severe headache that started six days or later after receiving the shot.

Can Victims of a Vaccine Error Recover Financial Compensation from a Pharmacy?

Yes, individuals who experience vaccine errors or adverse reactions may be able to recover compensation from the administrator or manufacturer of the vaccine in some cases. A Maryland vaccine error claim based on negligence requires a showing that the defendant owed the individual a duty, the defendant failed to meet the relevant standard of care, the defendant’s negligent conduct caused the individual’s injuries, and the individual suffered damages. These cases can be complicated and often must rely on the testimony of experts to explain the link between the error and the injuries the individual suffered. Victims of a vaccine or medication error may be able to receive financial compensation for past and future medical expenses, loss of wages and earning capacity, and other damages depending on their circumstances. A negligence claim in Maryland has to be filed within three years after the date of the injury.

Maryland Pharmacists are Overworked and Understaffed, Leading to a Potential Increase in Pharmacy Errors

March 26, 2021 | Lebowitz & Mzhen

It is no surprise that the COVID-19 pandemic has taken a major toll on the United States’ health care system. All areas of the system—from hospitals to local clinics and even pharmacies—are struggling, as staff are overworked, underresourced, and overly stressed one year into the pandemic. Of particular concern to Maryland residents are the potential impacts on pharmacists and pharmacy errors. When pharmacists are struggling, they are more likely to make careless errors and cause significant harm to patients, who may not realize the mistake until it’s too late. And, according to a recent NBC News article, pharmacists across the country are voicing concerns about the current state of their work, and what it might mean for patient safety. The most important part? These concerns started before COVID-19, and are likely to continue even once the virus is behind us as well.

Why Is There a Shortage of Pharmacists?

The past decade has led to an increase in work for pharmacists across the country, but fewer staff members to complete it. An estimated 155,000 pharmacists working at chain drugstores over the last decade have found themselves pushed to do more—work faster, fill more orders, and juggle a wider range of tasks—with fewer and fewer staff members. The pace expected from them is not only unmanageable but dangerous, as patient safety may suffer from pharmacists too exhausted or distracted to follow all safety protocols. NBC News spoke specifically to 31 pharmacists and pharmacy technicians in 15 states, who reported on 12-hour shifts so busy they didn’t have time to go to the bathroom and on rushing to complete their job but making mistakes along the way. The pandemic has made things even worse, as pharmacists now have additional duties with COVID-19 testing, deep cleaning constantly, and vaccinating patients.

Pharmacy errors can range from small, like miscounting the numbers of pills in a bottle, to potentially deadly, such as combining drugs with dangerous interactions or administering the wrong medication at too high a dosage. Maryland residents should be on the lookout for these errors to avoid any potentially harmful consequences. Specifically, those picking up prescriptions should always make sure that the medicine is the correct one, that the dosage matches the labeling in the instructions, and that they understand when and how to take the drug. But, if an accident does occur, patients should not presume it was their fault for not checking thoroughly enough or catching it themselves. Maryland state law allows patients to hold negligent pharmacies responsible for the harm they’ve caused, and patients can recover significant monetary damages through a Maryland pharmacy error lawsuit.