Posted on 08/18/2007 10:37:04 AM PDT by Kaslin
BARTOW, Fla. — 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 Walgreen 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.
The lawsuit was filed in 2003 by Hippely, her husband Deane Hippely and their children against the Deerfield, Ill.-based Walgreen Co. for negligent breach of duty and wrongful death.
"Beth Hippely died unnecessarily because this tenfold overdose with Warfarin by the pharmacy she trusted caused her cancer to come back with a vengeance and it interrupted all of her cancer treatments," her lawyer Chris Searcy said. "They have been seeking justice for almost five years and this was a case that screamed out for justice."
(Excerpt) Read more at foxnews.com ...
Loss of money is the only thing that will teach them. Otherwise when they kill or maim someone because of their stupidity, they would only make a "heartfelt" apology then quickly get away from the people they harmed with no real accountability.
I have worked for copmanies that shortcut on design and testing to rush software into production. And you know what they fear the most if the customer data is compromised or people harmed?? Loss of money and loss of public face. they no longer do the thing right because its the right thing to do. Its a dollar decision all the way.
So I don't care how much the lawyers are getting its not even the point.
When companies are irresponsible they should pay through the nose. It is a poor substitute for morality and ethics though.
“I have walked into some pharmacies where they have the tech’s filling scripts up because they are so slammed and need to get the orders out quickly.”
I’ll definitely be looking into this at my pharmacy. News to me...I’ve never heard of someone who wasn’t a licensed pharmacist being legally able to fill a script, no matter how busy the store is.
Some here probably think the best way to punish a child is to take away their peas and broccoli.
Trial lawyers are in for a surprise. When Hillary succeeds in insuring everyone at government expense, they will find it difficult to part with providers who can no longer afford to practice. The politicians will do what they can to preserve the trial lawyers interests but the choice between needed care and no caregivers will seal their fate.
Worker’s Compensation has worked and “Medical Compensation” will work. It is coming. The question is when.
Product liability will come next.
One of the tenants of the Justice system, civil and criminal, is to deter wrongdoing. Iwo Jima has explained very well how doctors and their insurers view their harms solely in financial terms. Did you read my post about the Pinto? How can you justify allowing someone or some corporation to conclude that it is financially advantageous to kill or maim people because it will result in greater profits? I cannot understand this logic.
I think part of the public’s misconception is how the media reports cases such as these.
Usually, you’ll hear about the original complaint in the news (if it seems ridiculous enough) or you’ll hear about the jury verdict (if it appears excessive enough), but you’ll never hear about how many years it takes for these cases to reach a jury, how many hours are spent on discovery and litigating discovery disputes, how the plaintiff copes with the incessant delays in reaching a resolution, and long it takes to argue and wait out the inevitable post-trial motions and appeals, as well as the final disposition.
Instead of simply reading the headlines in cases like these, it might be more educational if people could look at their local bar association newsletter, look at the jury verdicts where the plaintiff got nothing, and ask themselves how many hours that law firm worked on that case and how much money in out of pocket costs and expenses it lost on that case.
Well said. And 100% true.
Ok, I’m going to be “nice”. You called me ignorant in your posts. You just questioned whether I am a MD. I’ll try to lay down some basics. NOBODY knows what the cause of CP is. That was the point of my post. CP is a horrible outcome for any birth, but you are mistaken when you say you can prove or disprove the cause in a court of law. Call me all the names you want. I’ll read any reference you provide.
Here’s another “selfish” rant. I was sued by a lady who didn’t get her narcotic pain medicine for her “kidney stone”. When I sent it for analysis the lab couldn’t identify it by content. It turned out to be made of quartz. She picked it up in the parking lot. I don’t know why you think it’s fun to be sued, even if you “win” the case. Now I have to report this BS every time I get malpractice insurance. All because of selfless, never corrupt, non-frivolous lawsuit filing, honest lawyers.
BTW what’s with the personal attacks? I haven’t done anything to you. I’m boarded IM with 16 years ER experience.
I believe that lawyers are a lot less tolerant of the miscreants and malfeasors in their ranks than physicians are of theirs.
One of the first things our lawyer told us was that everyone was covered by insurance and "we aren't ruining any other lives here".
Boy, I struggle with that. Certainly, the people involved weren't being evil; no one wanted or anticipated that my son would be killed. They violated at least two written policies and were just careless and stupid.
They should feel guilt. If I were assured that they recognize what they did wrong and feel guilty over it, I'd feel a lot better! They haven't been fired. They've paid nothing. The insurance policy that paid off is one neither person pays premiums for, so there is no increased cost for them.
Part of the problem with our society is that everyone is afraid to say, "I screwed up. I am responsible". The legal results of that could be disasterous.
But that prevents anyone also saying, "I feel horrible about what happened and I'm really sorry."
Has we heard that, we'd never have sued. THAT would have been more satisfying than every cent we've received.
I know what the lack of hearing that costs me. I wonder what it is costing them to not be able to say it.
I’d like to call a truce. I have many friends who are lawyers, and yes, they ARE good people. My judgement of the legal profession as a whole is clouded by my personal, real life experience with lowlife scum patients who get their shall we say “not savory” lawyers to harass me/ go sniffing around for a quick settlement. I am a good physician in a very tough litigation environment. I don’t think all lawyers are bad. But I don’t think it’s fair for you or Iwo Jima to mock my profession, or think it isn’t a big deal to get a frivolous lawsuit filed against you. It has happened, and yes I’ve won the thankfully few cases but it was hell to go through.
Oh, but what about expenses? You know, it costs a lot to run a copy machine!!
The conventional piece of the "take"--a practice illegal, BTW, in Europe and England where our common law originates--is a third, but the lawyer doesn't pay the expenses, the plaintiff does.
I’ll leave it (the lawyers-may they roast in he!!)
Yes you do always take the lawyers side. Read all your posts on this thread for one. Lawyers are a sick joke on society.
The coupons were worthless, of course I threw them away. That’s the point. I am supposed to be the wounded party and I got worthless coupons and the lawyers got tens of millions.
Keep defending this sorry system.
Well I’m not a scum-sucking lawyer.
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