Pharmacy Error Injury Lawyer Blog

Blood-Pressure Drug Recall May Put Maryland Patients at Risk

January 9, 2019 | Lebowitz & Mzhen

Companies that manufacture and market prescription medication are under the same duty that all manufacturers are under to make sure that their product is safe. Of course, some medications, especially prescription medications, present the risk of serious adverse side effects, even when the drug is taken according to a physician’s instructions. Thus, a manufacturer must clear about the potential side effects that a medication could cause when marketing the drug. A failure to clearly warn patients about a known risk may result in the drug manufacturer being liable in a Maryland product liability case.

While a drug manufacturer may be able to avoid liability by warning of a drug’s dangerous side effects, there is no excuse for medication that is contaminated during the manufacturing process. Late last month, the U.S. Food and Drug Administration (FDA) announced the latest in a series of recalls affecting blood-pressure medication. According to the FDA, two lots of Losartan potassium tablets contain an ingredient that was discovered to contain an unexpected impurity called N-nitrosodiethylamine (NDEA). The FDA notes that NDEA “is a substance that occurs naturally in certain foods, drinking water, air pollution” however, it is also a known carcinogenic in animals and a suspected carcinogenic in humans according to its classification by the International Agency for Research on Cancer.

Losartan potassium tablets are used to treat hypertension (high blood pressure) as well as neuropathy (nerve pain) in patients who have Type II diabetes. The FDA recommends that patients who are currently taking Losartan continue to take the medication, as the risks involved with suddenly stopping the drug without an alternative treatment are high. The FDA advised patients taking Losartan to contact their pharmacist or physician to discuss alternatives to Losartan, at least until the manufacturing problem has been resolved.

Maryland Pharmacy Error Claims Based on a Manufacturer’s Failure to Provide Adequate Warnings

December 26, 2018 | Lebowitz & Mzhen

In a Maryland “failure to warn” claim, a plaintiff may bring a claim against a defendant manufacturer for failing to warn of the risks associated with a product. A product must adequately warn consumers of the dangers and risks in using the product, unless those dangers are a matter of common knowledge or are so obvious that they do not require a warning. For example, a drug manufacturer could be liable for the side effects of a drug if it failed to adequately disclose the risks of the drug, failed to disclose an unreasonably dangerous condition, or failed to instruct consumers on the correct use of the drug.

Courts will consider the knowledge and experience of consumers in determining whether a person can reasonably be expected to understand the use and risks of a product. Warnings and disclosures must be clear, direct, and easy to understand. Instructions and disclosures can be inadequate if they are ambiguous or do not contain enough information about how to safely use the product or the risks of improper use. A plaintiff with a successful failure to warn case can potentially garner a range of compensatory damages, including medical bills, the costs of future treatment, out-of-pocket expenses, loss of income, mental anguish, and pain and suffering.

FDA Issues Safety Announcement for Medication for Leukemia Patients

The U.S. Food and Drug Administration (FDA) recently issued a safety announcement, stating that some leukemia patients receiving the medication Idhifa are showing signs and symptoms of the syndrome that are not being recognized. Idhifa’s Medication Guide already has a warning about differentiation syndrome, but despite this, the FDA has become aware of cases of the syndrome that not being recognized, with patients not obtaining the proper treatment. Idhifa is used to treat patients with acute myeloid leukemia, and works by blocking enzymes that promote an abnormal blood cell growth. However, it can cause differentiation syndrome, which can be life-threatening if not treated quickly.

The High Frequency of Maryland Medication Errors

December 17, 2018 | Lebowitz & Mzhen

Medication errors are estimated to affect over 7 million people per year. While many of these errors do not result in patient hospitalization or even patient injury, the fact is that medication errors are a very real threat and patients should double-check all prescriptions for errors before taking any medication. If you have questions about possible errors with your medication, contact a Maryland pharmacy error attorney.

Most medication errors are the result of a pharmacist – either in a retail seating or in a hospital – improperly filling a patient’s prescription. However, there are other less common types of errors that patients should be aware of. For example, each year many mistakes are the result of a pharmacist’s incorrect advice.

Pharmacists’ primary role is to safely fill all prescriptions and counsel patients on their medications. However, pharmacists are also there to answer a patient’s questions regarding over-the-counter medications. Such questions are commonly based on an over-the-counter medication’s potential interactions with prescribed medication that may not have been filled at the pharmacy. Other errors involve incorrect advice regarding medication that is available in varying strengths, some of which may be available over-the-counter.

Recent Study Finds Older People Are at a Higher Risk of Experiencing a Medication Error in Maryland and Throughout the Country

December 10, 2018 | Lebowitz & Mzhen

Medical errors rate among the top causes of death in the United States each year. Among the main contributors to this category are prescription errors and other medication errors. While the exact number of pharmacy errors is not known due to lax reporting requirements, it is estimated that there are approximately 7 million errors per year. Of course, not all of these errors will result in harm to a patient, but the error-rate still presents major concerns. If you are concerned that a medication error may have caused your injury, reach out to a Maryland pharmacy error attorney.

For years, researchers have been looking at how the increasing number of pharmacy errors can be reduced. Many studies consider the increased use of technology a step in the right direction, due to the fact that humans are error-prone. According to a recent study, older people – especially those in hospitals – are the most likely to be the victim of a pharmacy error.

According to the report detailing the results of the study, the study looked at medication errors occurring between 2007 and 2016. The researchers reported over 517,000 errors in the two areas they studied, with almost 230 of these errors resulting in a patient’s death. Approximately half of the victims of pharmacy errors were over the age of 75. In addition, about 66% of the errors occurred in the hospital setting. This may be attributed to the fact that there is often a sense of urgency in hospitals that is not present in retail pharmacies.

The U.S. Has Lax Pharmacy Error Reporting Requirements

December 3, 2018 | Lebowitz & Mzhen

Each year, there are estimated to be approximately 1.5 million pharmacy errors across the United States. Of those, about half are later determined to have been preventable. While these figures may seem shocking, the reality is that the actual number of pharmacy errors may be much higher given lax pharmacy reporting requirements.

In most states, a discretionary reporting system is used. In general, even when mandatory reporting is implemented, a pharmacist is not required to report an error unless it results in patient harm. However, in many cases, a patient will not immediately show symptoms of a medication error. Thus, pharmacy errors that do not result in immediate serious harm or are not delivered to a patient do not need to be reported. If you have questions that relate to potential pharmacy negligence, contact a Maryland medication error attorney.

Mother Pushes for Stricter Reporting Requirements

Back in 2016, a young boy in Canada died in his sleep after his mother was given the wrong medication when she went to refill her son’s prescription. According to a recent news report covering the tragic accident, the boy suffered from parasomnia, which caused the boy to wake up screaming and crying in the middle of the night. The boy’s physician prescribed tryptophan, and the boy had taken the drug for about a year.

Court Rejects Defendant’s Claim that Plaintiff’s Case Was Filed Too Late

November 30, 2018 | Lebowitz & Mzhen

After any Maryland pharmacy error, one of the first things to consider is when a claim must be filed. A plaintiff’s failure to file a lawsuit within the allowable time will likely result in the dismissal of the claim. In a recent decision in a pharmacy error case, the judge considered whether the plaintiff’s lawsuit was filed on time.

The Facts

According to a local news report discussing the recent decision, the 90-year-old patient had a prescription filled at a pharmacy and suffered an overdose. The woman’s son alleged that she was given an excessive amount of her prescription. A pharmacy assistant allegedly prepared the medicine to be taken once a day instead of once a week as prescribed.

Evidently, the pharmacist noticed the error before the prescription was dispensed and told the assistant to remove the extra tablets. However, the assistant left excessive tablets in the blister packages, and the pharmacist did not check the packages. The patient was admitted to the hospital a few weeks later, and subsequently died from an “acute overdose of medication,” according to the medical examiner’s report.

As Pharmacies Stop Offering Free Delivery of Medication, Errors May Increase in Maryland and throughout the US

November 20, 2018 | Lebowitz & Mzhen

Over the past decade, many pharmacies began to offer free shipping to encourage patients to order their prescriptions online, over the phone, or through the mail. It seems pharmacies hoped that by decreasing foot traffic in their brick-and-mortar locations, they would be able to reduce their labor costs and run more efficiently. After offering free shipping for several years and developing a consistent number of online orders, pharmacies are now doing away with free shipping.

Some experts point out that as pharmacies begin to charge for shipping again, patients will no longer order their prescriptions online and will head into the pharmacy to obtain their medication. According to a recent industry news report, experts noticed an increase in the rate of pharmacy errors over the past few months, which correlates with the abolition of free shipping. If you believe a pharmacist has erred in your prescription, reach out to a Maryland pharmacy error attorney.

Experts argue that the sudden and perhaps unexpected increase in foot traffic in retail pharmacy locations is creating a busy workplace for pharmacists, who feel increased time pressure to fill patients’ prescriptions promptly. The experts point out that roughly half of all prescription errors occur in the retail pharmacy setting, and one of the primary reasons for this is because pharmacists are overworked. Indeed, most of the causes of a prescription error can be traced back to a lack of diligence or attention, which is often due to the heavy burden placed on individual pharmacists.

New Technology Aims to Address the Danger of Prescription Errors in Maryland and throughout the United States

November 15, 2018 | Lebowitz & Mzhen

Prescription errors are all too common in the United States. Pharmacists and doctors are human, and like everyone else they make mistakes. Unfortunately, these errors can have devastating effects on Maryland patients. In the event of a prescription error, a patient or family member may be able to bring a claim to recover compensation for the patient’s injuries and to hold the person or entity responsible.

A patient or family member may be able to bring a medical malpractice claim, or another claim against the responsible medical professional. In a medical malpractice case, a plaintiff must show that the defendant failed to meet the requisite standard of care, or the standard the medical professional should have met in the same or similar situation.

Medical malpractice prescription error cases usually involve complex medical conditions and confusing medical records, and retaining an experienced attorney is essential. In a medical malpractice claim, a plaintiff must show that a defendant acted negligently or failed to take the appropriate actions. A plaintiff must prove four elements: the defendant had a legal duty, the defendant failed to perform that duty, the plaintiff suffered injuries, and causation between the defendant’s conduct and the plaintiff’s injuries.

More People Are Getting Flu Shots in Alternative Settings Across Maryland and the Rest of the US

November 8, 2018 | Lebowitz & Mzhen

A new study reports that flu vaccinations are occurring more frequently in alternative settings such as pharmacies, clinics, and work, as one news source reported. According to the study, patients between the ages of 18 and 64 had higher rates of early vaccination at clinics, pharmacies, and workplaces, helping to increase the number of flu vaccinations received before November 1st. Also, high-risk patients over 65 years of age reported even higher rates of early flu vaccinations at pharmacies and work. The study’s author found that there is an association between the setting where a vaccination is received and the timing, and that non-traditional vaccination settings help to increase the rates of flu vaccinations before November 1st, a deadline set by the Centers for Disease Control and Prevention (CDC).

According to the CDC, the 2017-2018 flu season was particularly severe, It was reported that an estimated 80,000 Americans died from the flu and its complications. These numbers included 183 pediatric deaths. It was the highest rate of death from the flu in the past four decades. The CDC recommends getting the flu vaccination as early as possible because it takes about two weeks after receiving the vaccination for the antibodies that protect against the flu to develop in the body.

Liability of Flu Shot Providers in Maryland Pharmacies and Other Alternative Settings

As more individuals in Maryland and throughout the country receive flu shots in alternative settings, providers can still be held liable for errors in dispensing the vaccine. Although many vaccinations are administered without issue, mistakes can occur, even in a routine procedure like the administration of a flu shot. For example, the incorrect dosage may be administered, a needle may be mistakenly used more than one time, side effects may not be disclosed, or the wrong vaccination may be administered. In the event of an error, some individuals may be able to bring a medical malpractice claim to recover compensation for the injuries they sustained.

The Types of Damages That Are Available in Pharmacy Error Cases

October 22, 2018 | Lebowitz & Mzhen

In Maryland personal injury cases, a range of damages may be available, depending on the circumstances of the case. Damages are generally divided into two categories: general damages and special damages. Special damages are awarded for the plaintiff’s economic damages, whereas general damages are awarded for noneconomic damages and other damages. Examples of special damages are medical bills, transportation costs, physical therapy, past, and future wage losses, loss of future earning capacity, diminished earning capacity, and loss of consortium. General damages can include pain and suffering, and other noneconomic damages. All of these damages are compensatory damages, which means that they are intended to compensate the plaintiff for the plaintiff’s injuries. As in any personal injury claim, in a medical error case a plaintiff must prove all of the alleged damages.

In addition to compensatory damages, some plaintiffs may be awarded punitive damages. Punitive damages, also called exemplary damages, are meant to punish the defendant for the defendant’s conduct and to deter others from bad behavior. In those cases, a plaintiff must show that the defendant had actual knowledge of the wrongful conduct. There are caps on some types of damages in Maryland, so it is essential to consult with an attorney to understand which types and amount of damages are available.

Three-Year-Old Child Overdoses on Morphine After Pharmacy Error

Human error resulted in the recent overdose of a 3-year-old, according to one news article. The article reported that the toddler was prescribed morphine after he had tonsil surgery and had his adenoids removed and tubes put in his ears. The medical staff prescribed the toddler morphine and told the family that it was routine. The toddler’s parents filled the morphine prescription at a pharmacy without any consultation with a pharmacist. Later that day, the parents read the instructions on the medication and gave their child the medicine. According to his mother, the next morning, the toddler’s father picked him up, “and his head flopped right back.” The mother said the child was unresponsive and not breathing properly. The parents rushed the child to the hospital where doctors said that he had overdosed. The hospital staff gave him naloxone to stabilize him, and he eventually recovered.