The Nebraska Injury Law Report

Forbes reports that Walgreens was hit with a large verdict due to a medication error that resulted in a patient taking ten times the proper dosage.

A jury awarded $25.8 million Friday to the family of a cancer patient who was given a wrong prescription, had a stroke and died several years later, lawyers said.

Beth Hippely was prescribed Warfarin, a blood thinner, in 2002 to treat breast cancer. The prescription filled at a Walgreens pharmacy was 10 times what her doctor prescribed, court documents said.

The Polk County Circuit Court jury found the prescription error caused a cerebral hemorrhage resulting in permanent bodily injury, disability and physical pain. The mother of three died in January at the age of 46.

A 19-year-old pharmacy technician, with little training, misfiled the prescription, according to court documents.

If you or a loved one have been injured due to a medication error, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

The Denver Post reports on this nearly unbelievable story of a death caused by a sports cream:
A medical examiner blamed a 17-year-old track star’s death on the use of too much anti- inflammatory muscle cream, the kind used to soothe aching legs after exercise.

Arielle Newman, a cross-country runner at Notre Dame Academy on Staten Island, died after her body absorbed high levels of methyl salicylate, an anti-inflammatory found in sports creams such as Bengay and Icy Hot, the New York City medical examiner said Friday.

The medical examiner’s spokeswoman, Ellen Borakove, said the teen used “topical medication to excess.” She said it was the first time that her office had reported a death from using a sports cream.

If you or a loved one have been injured due to the negligence of another, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

From The New York Times:

A federal jury on Tuesday awarded $5.5 million to the father of a man who died while wearing a drug patch made by two Johnson & Johnson subsidiaries.

The jury in Federal District Court in West Palm Beach found that Janssen Pharmaceutica Products and the Alza Corporation, both based in New Jersey, were liable in the death of Adam Hendelson, 28, who died in 2003 while wearing the companies’ Duragesic patch.

The patch delivers controlled doses of the powerful painkiller fentanyl.

If you or a loved one have been injured due to medical negligence, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Law.com reports that the use of electronic communications between doctor and pharmacy may help cut down on mistakes:

The widespread use of electronic systems to send prescriptions from doctors to pharmacies promises to prevent thousands of life-threatening medical errors, save billions of dollars in health care costs and even drive more business to drug stores.

Still, the vast majority of U.S. physicians have yet to adopt electronic prescribing, or e-prescribing, for the estimated 4 billion prescriptions they write annually, a situation that a phalanx of corporations and the government are working to change. One coalition promoting e-prescribing estimates that as many as 20 percent of the 550,000 practicing U.S. physicians had the technology to send e-prescriptions, but that only 5 percent actually have been using it.

With e-prescribing, physicians can use hand-held or desktop computers or “smart” mobile phones to send patient drug prescriptions to pharmacy computers.

Beyond conveying prescriptions, systems can alert doctors to potential drug interactions or dosing problems, eliminate handwriting errors, automate the time-consuming renewal process, provide data on a patient’s drug plan, and potentially cut thousands of pharmacy calls to doctors. Hospitals, insurers, technology companies, regional collaboratives and pharmacies have been working to advance adoption of e-prescribing.

If you or a loved one have been injured due to a medical error, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Dr. Atul Gawande says that like all of us doctors make mistakes. Gawande is the bestselling author whose book “Complications” inspired the television show “Grey’s Anatomy.” From an article in The Guardian

Gawande is a general surgeon at the Brigham and Women’s Hospital in Boston and assistant professor at Harvard Medical School. And he still makes mistakes. It’s this uncomfortable wound that he has opened up, first in Complications - his bestselling book that was shortlisted for the National Book prize in the US and became the inspiration for the TV series Grey’s Anatomy - and now in his follow-up, Better.

“What I’m interested in is failure,” he says, “as it’s the one area of medicine with which the professionals are often reluctant to engage because the stakes we are playing for are so high. We can fail by putting a decimal point in the wrong place and by not asking the right questions. If you ask any doctor when he or she last made a misdiagnosis, the truthful answer would always be in the last month. We get things wrong and we try to put them right. And, of course, we can fail with a slip of the hand. I once performed an emergency trachaeotomy in which I did everything wrong. I had the wrong knife, the wrong lights and I made the wrong incision. There was blood everywhere and the patient would have died if a colleague hadn’t stepped in to help. It was horrific.

If you or a loved one have been injured due to a medical mistake, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

The Washington Post is reporting that:

“The vast majority of potentially harmful errors in chemotherapy for children with cancer do find their way to these young patients, a new study finds. And they are more often caused by dispensing or administration mistakes than by prescribing mix-ups, the researchers found.”

“In total,” the Post reports, “85 percent of these drug errors were not spotted until the child received the medication, according to a study led by Dr. Marlene Miller, associate professor of pediatrics at the Johns Hopkins School of Medicine, Baltimore. These errors do not always cause harm to the child, the authors added, but they are always worrisome.”

As expected, human error accounts for the vast majority of these types of medical mistakes:

Surprisingly, prescribing errors accounted for just one in 10 cases. Most errors (48 percent) involved mistakes in administration, followed by errors in dispensing (30 percent). The most commonly cited types of error were mistakes in dose or quantity (23 percent), or time of administration (23 percent), followed by omission errors (that is, failing to deliver the drug at all, 14 percent) and improper administration technique or route (12 percent). By far the biggest cause of error was “performance deficit” — human error — at 41 percent.

If you or a loved one have been injured due to a medical error, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.