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Articles Posted in Medical Malpractice

A Plaintiff has brought a lawsuit against the large Drug Store Chain, CVS, for allegedly filling the wrong medication. The Plaintiff filed the lawsuit earlier this year after she received an anti-depressant medication instead of a medication to treat her acid reflex issues. The Plaintiff claimed she was given the anti-depressant medication Duloxetine instead of the correct medication for her acid reflex, called Dexlansoprazole. The Plaintiff began to experience multiple symptoms such as disorientation, lethargy and vertigo which ultimately caused her to feel faint, fall and fracture her nose as well as injuring her eyes. She is claiming her fall and resulting injuries are the result of the pharmacy chain’s mistake.

CVS Pharmacy LLC, is accused of improperly dispensing the medication, failing to take proper precautions to avoid dispensing incorrect prescriptions and failing to possess the degree of knowledge and skill that pharmacists should possess and failure to exercise the necessary degree of care.   The plaintiff is claiming damages for pain and suffering, mental anguish, medical expenses and loss of enjoyment of live.

Various courts throughout this country are seeing an increase in pharmacy malpractice claims for filling the incorrect medications. This could be due to the abundance of new medications in the market over the last decade as well as improper training and increased workload of pharmacists.

Accordingly to the Boston Globe, a jury in Massachusetts recently awarded over $16 Million to the family of a women who died of lung cancer.  The woman died in August of 2008 at the age of 47.  The woman sought treatment at Brigham and Women’s Hospital in October of 2006 due to complaints of a persistent cough.  X Rays were taken to rule out pneumonia.  The Hospital read the X rays as normal.  Thirteen months later, the woman visited the Hospital again due to a persistent cough.  This time, the Hospital ordered a CT scan of the Chest.  The scan showed advanced Lung Cancer.  The women died seven months later after the cancer also spread to other organs.

During the course of the trial, there was evidence presented that the original x ray did in fact show a nodule in her lung.  When she went back to the hospital 13 months later, the nodule grew in size.  The plaintiff’s argument was that the hospital and doctor was negligent in not diagnosing her lung cancer after the initial visit and x-rays.  This failure to diagnose her condition caused her to loose her chances of recovery of the cancer.  The Defendant tried to argue they did not have the full medical picture of the woman which included a history of smoking for 30 years.  In light of the large verdict, the Jury clearly found the hospital and doctor made a medical error in not diagnosing her condition and their negligence ultimately led to her death.

A women from Connecticut recently received a $12Million award from a Jury in a Medical Malpractice case. The women, Vivian Gagliano, from Reading Connecticut underwent what she thought to be a routine hernia surgery at the Danbury Hospital. Unfortunately, a surgical mistake lead to a severe stomach infection causing multiple complications.

The attorney for the plaintiff said a medical resident perforated Ms. Gagliano’s colon and the mistake was not discovered until after they closed the surgical site and she developed an infection. She went into septic shock, sustained a heart attack, her organs began to fail and she went into a coma. She eventually required multiple surgeries to correct the mistake and it left her the loss of most of her large intestine. The plaintiff still cannot properly digest food and continues to suffer from medical problems as a result of the mistake.

The plaintiff alleged she had no idea that a medical resident was going to participate in the surgery. The surgical resident and the Hospital denied any negligence. The Hospital spokesperson said they disagree with the jury verdict and are considering an appeal.

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