Pharmacy Error Injury Lawyer Blog

Patient Sues Wal-Mart Pharmacy for Prescription Mix-Up

May 31, 2010 | Lebowitz & Mzhen

In a recent lawsuit that our Maryland Pharmacy Error Injury Attorneys have been following, a Wal-mart pharmacy is being accused of giving a Texas resident another patient’s prescription—a pharmacy mistake that reportedly led to personal injuries and physical suffering.

According to the lawsuit, when Joseph Nini picked up his prescription at the Wal-Mart Pharmacy on March 25, 2008, he was given another patient’s medication by the pharmacist on duty, Cindy Lee Carranza.

Nini, a 77-year old Jasper County resident, claims that after taking the incorrect medication, he had to go to the hospital, as the medication made him ill and caused him to endure personal injuries as well physical pain, mental anguish, and physical impairment.

Wal-mart and Carranza are being accused of being responsible for causing his injuries, as Nini claims that they negligently failed to dispense the proper medication, failed to comply with the pharmacy policies put into place to prevent pharmacy misfills and the accidental dispensing of medication to the wrong patient, and failed to contact him or properly communicate with him when the pharmacy discovered that he had been given the wrong medication.

Actor Dennis Quaid Sues Baxter Healthcare Again Over Near-Fatal Drug Error

May 28, 2010 | Lebowitz & Mzhen

In recent news that our Washington D.C. Medication Error Attorneys have been following, Hollywood actor Dennis Quaid has filed another lawsuit against Baxter Healthcare, Corporation after his newborn twins were given a near-fatal overdose of Baxter’s medication in a Los Angeles hospital.

In the high profile incident, Quaid’s newborn twins were given an overdose of the medication Heparin, a blood thinner, due to an alleged medication mix-up of Baxter drugs that that have similar looking labels with hard-to-read fine print. The twins were incorrectly given 10,000 units of the drug Heparin, instead of the 10 units of Hep-Lock that was orginally prescribed to treat a staph infection.

After the dismissal of a similar lawsuit filed against Baxter in Illinois, Quaid is going after Baxter again, filing a second lawsuit in Los Angeles Superior Court. Quaid claims that the healthcare corporation acted negligently, and did not recall the 10,000 Heparin vials or warn hospitals and medical providers of the possibility for drug error after similar medication mistakes had occurred, resulting in the injury and wrongful deaths of infants.

The complaint claims that Baxter was obliged to alert hospitals and healthcare providers about the previous drug errors, and correct the labels to prevent the medication errors from happening in the future.

FDA Accuses Franck’s Pharmacy of Illegal Compounding

May 21, 2010 | Lebowitz & Mzhen

In a highly publicized pharmacy error case from last year that our Washington D.C. Pharmacy Error Attorneys covered in a blog, 21 Venezuelan polo team horses tragically died after being given a drug mixed by Frank’s Pharmacy Compounding Lab, aimed to replicate Biodyl, a vitamin and mineral supplement that is often used to treat muscle fatigue in horses. The drug concoction was allegedly too strong, causing a medication error that lead to the death of the horses at the International Polo Club of Palm Beach in Florida.

This week, Franck’s Pharmacy voluntarily suspended all veterinary compounding in the lab, after reportedly being threatened with an injunction by the U.S. Food and Drug Administration (FDA). Last month, the FDA filed a complaint that Franck’s was going around the law by producing and selling misbranded and adulterated drugs and pharmacy compounds that were too similar to drugs that are FDA-approved.

According to the FDA, compounded drugs are not reviewed by the FDA for effectiveness and safety. Drug compounding has been criticized for lack of oversight—especially when both human and animal patients could be exposed to unapproved medication, that could result personal injury or even in this case death. In an FDA Compliance Policy Guide from 2003, the agency stated concerns about the risks posed by pharmacists and veterinarians who manufacture, distribute, and mass-markets animal drugs that are unapproved.

The FDA has reportedly had a strong interest in this case, as the deaths of these horses were caused by pharmacy error—from the same pharmacy that produces drugs for humans.

The Problem of Prescription Language Translations in Pharmacies

May 17, 2010 | Lebowitz & Mzhen

Our Pharmacy Misfill Attorneys in Baltimore, Maryland recently posted a blog that discussed the epidemic of prescription error stemming from poor language translations in pharmacies across the country—causing pharmacy misfill and medication errors that could lead to patient injury.

In a study that our attorneys discussed, published in the May issue of Pediatrics, researchers found that pharmacies using labels that have been translated into Spanish with a computer program often provide inaccurate or confusing drug instructions filled with medication errors—often delivered in a mix of English and Spanish or “Spanglish.” The study looked at 76 labels for prescriptions generated by 13 different pharmacy translation computer programs, and there was a reported error rate of 50 percent.

Dr. Alejandro Clavier, a doctor in Chicago told the Chicago Tribune that he experiences translation issues with his patients in his practice every day. In one example, a patient who suffers from anemia was not improving after taking the iron supplements that Clavier prescribed. Clavier found that the patient had only been taking one drop of the iron supplement—not the stronger dosage Clavier prescribed. The patient had reportedly received instructions from the pharmacy that were confusing and hard to understand.

According to a study performed by Northwestern University’s Feinberg School of Medicine, many pharmacies in four states with a large and growing Latino population are unable to even provide translations for prescriptions. The 2009 study found that nearly 35 percent of the pharmacies surveyed did not even offer translations services, and 22 percent offered pharmacy translations that were limited.

Second Major Recall for J&J—FDA Found Manufacturing Violations in Children’s OTC Drugs

May 6, 2010 | Lebowitz & Mzhen

In a recent blog, our Washington D.C. Pharmacy Error Attorneys discussed the U.S. Food and Drug Administration’s (FDA) push for a broad recall of over-the-counter (OTC) products by Johnson & Johnson (J&J) in January—in an effort to maintain the health and safety of the consumer and to prevent OTC medication errors, after customers complained of moldy, musty smells in the drugs, that were caused by trace amounts of a chemical used when shipping the products.

The FDA announced this week that the administration has pushed J&J to begin another recall of certain children’s OTC liquid medicines—because of reported manufacturing deficiencies and violations found by federal health regulators during a routine inspection at a drug facility in Washington Pa—that could affect the quality, purity and potency of the products.

According to the FDA and the J&J unit, McNeil Consumer Healthcare, consumers should stop using all unexpired lots of both children’s and infant’s Tylenol, Zyrtec, Benedryl, and Motrin, because some the drugs reportedly may contain a larger concentration of the active drug than specified on the package. The recall also includes products that may contain inactive ingredients, other potentially solidified product ingredients, or other manufacturing residues that could include particles like tiny metal specks—that may not meet the testing requirements.

McNeil stated although there is only a remote possibility for serious medical problems, consumers should stop using the drugs, to avoid personal injury or illness in children.

Electronic Prescriptions and the Path to Preventing Medication Errors

April 30, 2010 | Lebowitz & Mzhen

In yesterday’s blog, our pharmacy error attorneys in Baltimore, Maryland, discussed the rapidly growing numbers of doctors switching from hand-written prescriptions to electronic prescriptions—to create a more efficient system that helps to prevent medication errors in every step of the prescribing and pharmacy process.

The Wall Street Journal documented an example of possible prescription error with 59-year old Debbie Kenny, who was prescribed a new hypertension medication by her doctor that had just become available at the end of last year. Unknown to both Kenny and her doctor, the medication had the potential to interfere with her asthma—a dangerous side effect. Kenny consequently had trouble breathing after coming down with a cold, still not understanding the side effects of the medication.

After Kinney’s doctor started to e-prescribe the following month, the new electronic system indicated very clearly that Kinney should not be taking that particular hypertension drug, because of her asthma, and the drug’s side effects. She was promptly switched to another medication for hypertension that was compatible with her asthma. Kinney said that she feels more comfortable now with the new electronic system. If her doctor prescribes a new drug, she can ask for a clear computerized diagram of the side effects or the drug interactions before taking the medication—to avoid any personal injury.

As of last year, the Center for Medicare and Medicaid Services (CMS) was helping to promote the switch to electronic prescribing by enticing doctors and paying them a bonus for e-prescribing. As of the beginning of 2012, a stronger encouragement will appear, as CMS will begin penalizing doctors who haven’t embraced the electronic system to issue patient’s prescriptions.

Study Shows E-Prescribing Significantly Reduces Prescription Errors

April 29, 2010 | Lebowitz & Mzhen

In a recent news that our Baltimore, Maryland Attorneys have been following, doctors are reportedly increasingly leaving behind paper when prescribing medications, and depending more and more on electronic prescriptions, or “e-prescriptions”—in an effort to avoid pharmacy misfills and medication errors, along with hard-to-read doctor handwriting, or even prescription fraud, as our attorneys reported on in our last blog.

E-prescribing immediately sends the prescriptions to the pharmacy in a digital format through a secured Internet network, from a handheld device or from their computers. The doctor simply selects the drug from a computerized list, with other symbols indicating the best drug option, different dosages, and either generic or name-brand medicine, instead of hand-writing the prescription, which can lead to medication error. Some e-prescribing programs give symbols in the form of colored or smiling faces, delineating between cheapest, preferred, or less desirable drug options.

According to the Wall Street Journal, the number of e-prescriptions almost tripled last year, from 68 million in the previous year, to 191 million in 2009. Surescripts, LLC, the company that handles the majority of the electronic communications in e-prescribing, reports that this represents 12% of the 1.63 billion original prescriptions, which excludes refills. The first three months of this year showed that one out of every five prescriptions is being filed electronically—a number that is rapidly growing, as nearly 25% of doctors based in offices already have the technology to e-prescribe.

In a study published in the Journal of General Internal Medicine in February of this year, e-prescribing was found to reduce common hand-written prescriptions errors significantly, including pharmacy misfills containing the wrong dosage, or incorrect usage instructions that could lead to patient injury or even wrongful death.

Hollywood Prescription Drug Abuse —Illegal Drug Rackets and “Doctor Shopping”

April 26, 2010 | Lebowitz & Mzhen

In a blog from last week, our Washington-D.C. area Pharmacy Error Attorneys at Lebowitz and Mzhen covered the topic of illegal prescription drugs, after a Maryland pharmacist was sentenced to federal prison for selling illegal painkillers to a drug dealer—drugs that were meant to be used under the supervision of a doctor, that could lead to personal injury, drug overdose and death.

According to the Baltimore Sun, prescription drugs are currently the number one cause of death overdose in the country. The Office of National Drug Policy claims that in his past year of drug abuse, prescription pain killers now rank second, behind marijuana as the nation’s most prevalent illegal drug problem. The National Institute of Medicine reports that 20 percent of people in the United States have used prescription drugs for non-medical reasons, leading to addiction.

In a recent Hollywood tragedy, Corey Haim, star of the 80’s film The Lost Boys, died in what officials from the Los Angeles Police Department claim was an accidental overdose of prescription drugs. After an investigation, Haim’s name surfaced in connection with an illegal prescription drug ring in Southern California with the painkiller OxyContin. The drug ring was linked to as many as 5,000 prescriptions—by ordering prescription pads from authorized vendors and stealing doctors’ identities.

Prescription drug overdose has been ruling news headlines over the past few years, after deaths of high profile celebrities like Michael Jackson, Heath Ledger, Anna Nicole Smith.

Many addicts are reportedly getting their prescriptions drugs by “doctor shopping,” or going from doctor to doctor to collect prescriptions. According to the Sun, Maryland needs a system to monitor the number of prescriptions that are written for every patient, which if abused by “doctor shopping” can lead to medication error and injury. The Sun calls for Maryland Legislators to set up a drug task force to better monitor and control this drug epidemic.

Baltimore, Maryland Pharmacist Sentenced for Selling Illegal Prescription Drugs to Dealer

April 23, 2010 | Lebowitz & Mzhen

In recent Baltimore, Maryland Pharmacy Error news, a local pharmacist in Reisterstown was reportedly sentenced to six years in federal prison for illegally selling 34,000 prescription drug painkillers to a drug dealer.

Maryland’s U.S. Attorney’s office announced this month that Ketankumar Arvind Patel, a former pharmacist for the Medicine Shoppe pharmacy, was working with a drug dealer to sell drugs containing the opioid oxycodone, like OxyContin and Percocet. Patel reportedly showed the drug dealer how to write fake prescriptions with a blank prescription pad to avoid detection from the Drug Enforcement Agency (DEA), other authorities, and insurance companies.

The drug dealer went on to fill out multiple fake prescriptions in different patient names for both prescription painkillers, and Patel filled them in his pharmacy from July 2007 to March 2009. The Department of Justice claims that Patel sold around 620 prescriptions for the dealer, at around $8-$12 per 80mg pill of the drug OxyContin, and around $2-$10 per 10mg pill of the drug Percocet.

According to U.S. Attorney Rod J. Rosensten, prescription medication abuse is one of the leading law enforcement challenges, with drugs that are meant to be used under the supervision of a doctor, sold to substance abusers who become addicted to the drugs, which has become increasingly prevalent among young adults and teenagers, and can lead to personal injury or even wrongful death.

Pharmacy Error in English-Spanish translated Drug Labels and Instructions

April 19, 2010 | Lebowitz & Mzhen

In a recent study that our Maryland Pharmacy Misfill Attorneys have been following, the problem of prescription translations from English to Spanish in pharmacies nationwide is being exposed, as well as the potential for medication error with customers.

The study, published in the May issue of Pediatrics, shows that many Spanish speaking people living in the United States are receiving prescription drugs from pharmacies with labels and instructions that have been translated so poorly from English to Spanish, that they are riddled with errors, misspellings, and incorrect phrasing. The prescription medications in these cases proved to have the potential of being more of a health hazard than a health benefit to patients if incorrectly administered—which could lead to personal injury or wrongful death.

According to the study results, the prescription translation errors are occurring because of poor translation systems in the computer programs that most pharmacies depend on for Spanish to English medication translations.

The study focused on 286 pharmacies in the Bronx, New York, where a reported 44 percent of the city’s population speak Spanish. The results found that 86 percent of pharmacies provided Spanish labels and instructions that were translated by computer programs, 11 percent used staff members for translations, and 3 percent of pharmacies used a professional interpreter to translate the labels and instructions.

The researchers reportedly found dozens of incidents where the quality of the medication label and instruction translations were dangerouly inconsistent. A common problem was that the computer program translated the prescription information into “Spanglish”— a mix of English and Spanish that was hard to read and often confusing. One example of a medication translation mistake was the use of the word “once” in English, meaning “once a day” that also means “eleven” in Spanish, which could result in a possible overdose. Other instructions that were not properly translated included phrases like, “apply topically,” or take “with juice,” or “with food,” as well as the length of the drug course, like “for seven days.”