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<title>pharmacy error litigation - New Jersey Accident and Injury Law Blog</title>
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<copyright>Copyright 2010</copyright>
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<pubDate>Sat, 22 May 2010 15:59:00 -0500</pubDate>
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<title>Prescription Translation Errors Place Patients at Risk</title>
<description><![CDATA[<p>&nbsp;According to a study, Spanish-speaking persons in the United States may be at a high risk of injuries because of prescription translation errors. Researchers at the <span>Nemours/Alfred I. DuPont Hospital for Children in Wilmington, Del found that many of these errors were serious, and could lead to grave misunderstandings. </span></p>
<p><span>According to the researchers, most of these <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html">prescription errors</a> occur because of problems with the software that most pharmacies use to translate prescriptions from English to Spanish. These computer programs do a barely adequate job, and the resulting translations can be full of errors.</span></p>
<p>&nbsp;</p>]]><![CDATA[<p>The researchers surveyed pharmacies in the New York area, and found that four out of every five pharmacies surveyed, translated <span>prescriptions from English to Spanish using computer programs. All the pharmacies admitted that they rechecked their translated prescriptions by using Spanish- speaking pharmacists. However, the researchers were astounded to find that even in spite of this manually checking, there were a large number of errors on the prescriptions. &nbsp;</span></p>
<p>Part of the problem with using a computer program to translate prescriptions is that the software translates one word at a time. When you consider each word in the translated version, you would think that the software does a pretty good job. However, when you consider an entire sentence, or a couple of lines of instructions translated from English to Spanish, the meaning in the translated version is completely different from the original version. This creates a lot of confusion, and there's plenty of scope for misunderstandings.</p>
<p>The researchers suggest that pharmacies hire more Spanish-speaking staff to help translate English prescriptions. Another recommendation is that Spanish-speaking patients take along English-speaking friends or relatives, to help them translate the prescription.</p>
<p><i>Scott Grossman in a </i><a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html">New Jersey pharmacy error lawyer</a><i>, representing injured victims of prescription and pharmacy errors in Monmouth, Bergen, Passaic and Ocean Counties, and across the state of New Jersey.</i></p>
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<link>http://injurylaw.grossmanjustice.com/2010/05/articles/pharmacy-error/prescription-translation-errors-place-patients-at-risk/</link>
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<category>New Jersey pharmacist mistake</category><category>Pharmacist Mistake</category><category>Pharmacy Error</category><category>medication error</category><category>medication error attorney</category><category>new jersey pharmacy attorney</category><category>new jersey pharmacy error lawyer</category><category>pharmacy error </category><category>pharmacy error attorney</category><category>pharmacy error lawyer</category><category>pharmacy error litigation</category><category>pharmacy misfill</category>
<pubDate>Sat, 15 May 2010 15:26:38 -0500</pubDate>
<dc:creator>Scott Grossman</dc:creator>

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<title>Ohio Pharmacist Jailed for 6 Months in Fatal Error</title>
<description><![CDATA[<p><span style="font-size: 12pt; line-height: 115%;">An Ohio pharmacist is serving a jail term of 6 months in a fatal pharmacy error that killed a two-year old child. </span></p>
<p><span style="font-size: 12pt; line-height: 115%;">I have <a href="../../../../2008/12/articles/pharmacy-error/ohio-passes-act-in-memory-of-toddler-killed-by-pharmacy-error/#comments">blogged on this tragic story earlier</a>. In 2006, Emily Jerry was receiving treatment for cancer at a Cleveland Hospital. She was due to leave the hospital after her treatment, and was getting a last round of chemo. However, a pharmacy technician at the hospital mixed the chemo drug with a saline solution that was more than 26 times the prescribed amount. Emily fell seriously ill as a result of the error, and died three days later.&nbsp;</span></p>
<p>&nbsp;</p>]]><![CDATA[<p><span style="font-size: 12pt; line-height: 115%;">The pharmacist on duty at the time, had failed to catch the mistake.&nbsp;That pharmacist, Eric Cropp is serving a 6-month jail term. His pharmacist&rsquo;s license has also been revoked. A <a href="http://www.cnn.com/video/#/video/crime/2010/02/15/mattingly.oh.pharmacist.jailed.cnn?hpt=C2">piece on CNN</a> shows the pharmacist as heartbroken and &ldquo;teary&rdquo; over the incident. The fact is however, that an innocent little girl was killed by a preventable error. Emily was ready to go home. Her parents had even planned a trip to Disneyland to celebrate her coming home free of cancer. Like her parents say, it would have been different if Emily had died of cancer.&nbsp;But she died at the end of her treatment program, from a horrible error that left her on life support for the last few hours of her life. </span></p>
<p><span style="font-size: 12pt; line-height: 115%;">It&rsquo;s hard to imagine that anything good could come out of this tragic death, but Emily&rsquo;s parents have found a way to do just that. They have managed to use their tragedy for the greater good. They spearheaded efforts to pass Emily&rsquo;s Law which was signed in 2009. &nbsp;The law requires that prescription errors be reported to the Ohio pharmacy board, and that there be a limit on the number of technicians under a pharmacist&rsquo;s supervision.</span></p>
<p><i><span style="font-size: 12pt; line-height: 115%;"><a href="http://www.grossmanjustice.com/">Scott Grossman</a> is a <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html">pharmacy error lawyer</a> representing injured victims of pharmacy errors in New Jersey and nationwide. </span></i></p>
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<link>http://injurylaw.grossmanjustice.com/2010/02/articles/pharmacy-error/ohio-pharmacist-jailed-for-6-months-in-fatal-error/</link>
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<category>Pharmacy Error</category><category>pharmacist mistake attorney</category><category>pharmacy error attorney</category><category>pharmacy error lawyer</category><category>pharmacy error litigation</category><category>pharmacy misfill</category><category>pharmacy mistakes</category>
<pubDate>Mon, 22 Feb 2010 14:07:08 -0500</pubDate>
<dc:creator>Scott Grossman</dc:creator>

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<title>Minnesota Nursing Home Resident&apos;s Death Blamed on Pharmacy Error</title>
<description><![CDATA[<p>A &nbsp;Minnesota Health Department investigation has confirmed that a <a href="http://www.startribune.com/local/79462122.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUZ">New Brighton nursing home resident died as the result of a pharmacy error</a>. The man received the wrong formulation of an anti fungal medication, leading to kidney failure and preventing the resident from receiving proper treatment for fungal pneumonia and cancer.</p>]]><![CDATA[<p>The drug Amphotericin, is available in four formulations. The traditional formulation tends to have a toxic effect on the kidneys. The victim had been prescribed a different formulation of Amphotericin, but the pharmacist supplied the traditional formulation to the nursing home. It appears that the pharmacist was not aware that there was more than one formulation of the anti-fungal drug. The error was only discovered a couple of days later during a quality review. However by then, the victim has already begun to suffer from health complications. He was taken to hospital just four days after receiving the over dosage, and suffered kidney failure. He died soon after. The nursing home here was not found not at fault because the drug was mislabeled as the prescribed drug.</p>
<p>Last week, I blogged about a new national pharmacy error alert system that gives me some hope that preventable tragedies like these do not occur again. The American Society of Health System Pharmacists has collaborated with the Institute for Safe Medication Practices to launch a national alert system to prevent medication errors. The system will monitor serious medication errors that take place around the country, and will inform the ISMP network of approximately 35,000 pharmacists, as well as other health care professionals of the error, via email. The alert will come with a complete description of the error that has occurred, as well as guidelines to prevent these from occurring at the hospital.</p>
<p>It&rsquo;s too early to say how successful this national alert system will be, but as a <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html">pharmacy error lawyer</a>, I fervently hope that the system will prevent the kind of errors that have contributed to the death of this Minnesota victim.</p>
<p>If you have had any experience with pharmacy errors in New Jersey, l want to speak with you in connection with a special&nbsp;TV report on pharmacy errors. Please contact me at my office.</p>
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<link>http://injurylaw.grossmanjustice.com/2009/12/articles/pharmacy-error/minnesota-nursing-home-residents-death-blamed-on-pharmacy-error/</link>
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<category>Pharmacy Error</category><category>pharmacy error attorney</category><category>pharmacy error lawyer</category><category>pharmacy error litigation</category>
<pubDate>Tue, 29 Dec 2009 14:16:35 -0500</pubDate>
<dc:creator>Scott Grossman</dc:creator>

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<title>Family of Michigan Man Sues Rite-Aid after Pharmacy Error-Related Death</title>
<description><![CDATA[<p>The family of a man <a href="http://www.detnews.com/article/20091223/METRO02/912230336/1040/Rite-Aid-sued-for-prescription-drug-error">has filed a lawsuit against a Rite Aid store in Michigan</a> alleging that a medication error that occurred at a local pharmacy, contributed to his death.</p>
<p>The victim John Sheridan, an attorney, developed melanoma on his back in 2007. The cancer quickly spread to his brain. &nbsp;In September that year, Rite Aid issued a dose of a chemotherapy drug Temodar, which was much higher than his recommended dosage. According to the prescription, Sheridan was to take 14 capsules daily of Temodar. &nbsp;That was roughly 10 times the normal dosage and almost double a fatal dosage. Rite Aid failed to spot the error, and filled out the prescription. Sheridan unwittingly took the high dose, which contributed to his cancer developing rapidly. Within the next month , Sheridan was dead.</p>]]><![CDATA[<p>The doctor who issued the prescription has since settled with the family out of court. Sheridan&rsquo;s family has filed a lawsuit against Rite Aid for issuing the lethal dose of Temodar. The family insists that the Rite Aid pharmacist should have noted the prescription error, and should have contacted Sheridan&rsquo;s oncologist to inform him of the error. They failed to do so, contributing to the rapid deterioration of Sheridan&rsquo;s health, and finally resulting in his death just a month later.</p>
<p>When you undergo treatment for an illness, you expect that doctors, nurses and pharmacists in charge of your health are completely accurate in their diagnosis and treatment. &nbsp;You depend on their sense of responsibility because as an ill person, or the loved one of a patient, you really don&rsquo;t have a choice but to place your trust and faith in the hands of the doctor or pharmacists. The Rite Aid pharmacy here had a golden opportunity to correct a serious medication error</p>
<p>If you have had any experience with pharmacy errors in New Jersey, l want to speak with you in connection with a special TV report on pharmacy errors. Please contact a <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html">pharmacy error lawyer </a>at my office.</p>
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<link>http://injurylaw.grossmanjustice.com/2009/12/articles/pharmacy-error/family-of-michigan-man-sues-riteaid-after-pharmacy-errorrelated-death/</link>
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<category>Pharmacy Error</category><category>Rite Aid</category><category>pharmacy error </category><category>pharmacy error attorney</category><category>pharmacy error lawyer</category><category>pharmacy error litigation</category>
<pubDate>Tue, 29 Dec 2009 13:58:13 -0500</pubDate>
<dc:creator>Scott Grossman</dc:creator>

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<title>Wolves Protecting the Sheep? The Sham of Pharmacy Chain Employees on State Boards Guarding Customer Interests</title>
<description><![CDATA[<p>USA Today has an interesting <a href="http://www.usatoday.com/money/industries/health/2008-12-30-pharmacies-boards-mistakes-prescriptions_N.htm"><strong>report</strong></a> on <strong>how pharmacy boards across many states have a majority of their board members made up of employees of major chain pharmacies</strong>, ensuring that any oversight of pharmacies or reduction of filling errors is limited at best.</p>
<p>The concept of having pharmacy chain employees on state pharmacy boards supposedly ensures that these boards have the expertise of seasoned professionals to draw from.&nbsp;While that may be true, it also ensures that the <strong>boards are staffed with a number of members who act to protect the interests of the pharmacies they work for</strong>.&nbsp;It reduces the concept of an &quot;independent&quot; state board regulating and overseeing the functioning of thousands of pharmacies in a state, to a farce.</p>]]><![CDATA[<p>For instance, in Illinois, the chairman of the Pharmacy Board has a day job as the national director of pharmacy affairs at <a href="http://www.walgreens.com/"><strong>Walgreen</strong></a>.&nbsp;Similarly, Pennsylvania's Board is chaired by the vice president of pharmacy services at <a href="http://www.riteaid.com/"><strong>Rite Aid</strong></a>. There are more such examples at Arkansas, Massachusetts and Minnesota where pharmacy chain employees occupy important positions on the board.</p>
<p>Nobody should be too surprised when <strong>these board members who have vested interests proceed to veto decisions that are detrimental to the interests of the chain they work for</strong>.&nbsp;A perfect example to illustrate the conflict of interest here is the case of Tonya Pearson, a pharmacist at a Jacksonville&nbsp;Walgreen outlet, whose failure to catch a <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html"><strong>prescription error</strong></a> led to the <a href="http://abcnews.go.com/Business/Story?id=3809406&amp;page=3"><strong>death of Terry Paul Smith</strong></a>, a construction worker.&nbsp;When the employee came up for disciplinary hearings, a board member who was also a pharmacist at Walgreen, vetoed a fine of $10,000 on the erring Pearson.&nbsp;She got away with a $1,000 fine, and an &quot;education program&quot; to help catch errors &ndash; something Walgreen should have put her through before it allowed her to fill prescriptions at their outlet.</p>
<p>Such conflict of interest has riled advocates of <strong>better separation between the regulator and the regulated</strong>. But, the status quo continues merrily, and the only sufferers are victims of prescription errors like Terry Paul Smith.&nbsp;It's injustices like these that inspire <a href="http://www.grossmanjustice.com/"><strong>pharmacy misfill lawyers</strong></a> who often turn out to be the only line of defense against well connected, big name chain pharmacies and their widespread sphere of influence.&nbsp;</p>
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<link>http://injurylaw.grossmanjustice.com/2009/01/articles/pharmacy-error/wolves-protecting-the-sheep-the-sham-of-pharmacy-chain-employees-on-state-boards-guarding-customer-interests/</link>
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<category>Consumer Safety</category><category>Patients&apos; Rights</category><category>Pharmacy Error</category><category>Rite Aid</category><category>Walgreens</category><category>medication error</category><category>medication mistake</category><category>pharmacist mistake attorney</category><category>pharmacy error litigation</category>
<pubDate>Fri, 09 Jan 2009 08:20:08 -0500</pubDate>
<dc:creator>Scott Grossman</dc:creator>

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<title>New Jersey Pharmacy Error Bill Gives Pharmacists Civil Liability Immunity</title>
<description><![CDATA[<p>Earlier this year, I had <strong><a href="http://injurylaw.grossmanjustice.com/2007/04/articles/pharmacy-error/victims-in-new-jersey-who-suffer-serious-physical-harm-from-pharmacy-relatederrors-will-be-denied-all-recourse-should-the-members-of-the-state-legislature-prevail-in-the-passage-of-a-bill-that-claims-to-help-prevent-pharmacy-errors/">discussed a bill introduced in the New Jersey legislature</a></strong>, called innocuously enough <em><span style="font-style: normal;">&ldquo;<b>The Pharmacy Quality Improvement and Error Prevention Act</b>.&quot; On the surface of it, the Bill, which was passed unanimously in the Assembly in March 2006, addressed common concerns about the increasing instances of pharmacy errors, and the need for more measures to prevent these errors, and hold pharmacies accountable for the results of any prescription mistakes on their watch.&nbsp;The Bill also included <b>immunity for pharmacists from any civil liability that may arise from prescription mistakes they made</b>.&nbsp;In all the brouhaha over the Bill, its sponsors conveniently failed to highlight this significant point.</span></em></p>
<p><em><span style="font-style: normal;">Now, an identical bill </span></em><span style="font-size: 10pt;">&ldquo;</span><a href="http://www.njleg.state.nj.us/2008/Bills/A2000/1803_I1.HTM"><strong>The Pharmacy Quality Improvement and Error Prevention Act A-1803</strong></a>&quot; has been introduced in the Assembly by Assemblywoman Valerie Huttle. She has been busy promoting her legislation, hailing it as an effective measure to prevent the number of injuries that occur because of prescription mistakes in New Jersey.&nbsp;&nbsp;</p>]]><![CDATA[<p>What she does not mention anywhere in her <a href="http://www.politickernj.com/thester/24785/albanovainieri-huttle-pharmacy-quality-improvement-and-error-prevention-act-advances"><strong>promotion hype</strong></a>, is a small line tucked away in Page 9 Sec C of the bill which says:</p>
<p><b><i>A registered pharmacist, who reports information to the board relating to a medication-related error, as required pursuant to subsection a. of this section, shall be immune from liability in a civil action for any injury or damages in connection with that medication-related error.</i></b></p>
<p>If the bill becomes law, what it will mean for New Jerseyans, is that in the event that they are injured because of a prescription error, <b>the pharmacist who was responsible for filling the prescription will not be held liable for any injuries that were caused by his mistake</b>.&nbsp;All that's required for the pharmacist is essentially to report his error to the New Jersey State Board of Pharmacy, to get away with a slap on the wrist, and not much more.</p>
<p>As a <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html"><strong>pharmacy error lawyer</strong></a>, I am all for legislation to prevent errors, and the establishment of an oversight committee that will act as a watchdog to prevent innocent consumers from having to suffer the often dangerous effects of prescription mistakes.&nbsp;What I cannot understand however, is the establishment of a Task Force that has <b>just two members out of its 17 public members, representing the needs of health care consumers</b>.&nbsp;The remainder of the members is made up heavily of chain pharmacies, pharmaceutical companies, and other allied interests.</p>
<p>Throughout the country, we're seeing big name pharmaceutical interests taking increasing precedence over the protection of the consumer.&nbsp;Whether it&rsquo;s the eagerly awaited outcome of the currently ongoing <a href="http://www.onthedocket.org/cases/2008/wyeth-v-levine"><strong>Wyeth-Levine lawsuit</strong></a> that threatens to take away an individual's right to sue a company for injuries sustained by an FDA-approved drug, or this bill that jeopardizes the rights of New Jersey residents to claim liability when they have been injured because of pharmacy error, increasing legislative interference with the rights of citizens is a dangerous and continuing trend that must be curbed. &nbsp;</p>
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<link>http://injurylaw.grossmanjustice.com/2008/12/articles/pharmacy-error/new-jersey-pharmacy-error-bill-gives-pharmacists-civil-liability-immunity/</link>
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<category>Consumer Safety</category><category>New Jersey Case Law</category><category>Pharmacy Error</category><category>chain pharmacy</category><category>medication error</category><category>personal injury liability</category><category>pharmacy error litigation</category><category>pharmacy quality improvement and error prevention act</category>
<pubDate>Tue, 09 Dec 2008 12:23:13 -0500</pubDate>
<dc:creator>Scott Grossman</dc:creator>

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