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2/3/2010
James Lewis
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Prescription Drug Dispensing Error Costs Rite Aid $2.5 Million

An Alabama woman who mistakenly received a powerful and potentially dangerous steroid instead of the painkiller she was prescribed has won a $2 million judgment against Rite Aid, the pharmacy chain that employed the pharmacist who made the dispensing error. According to the Montgomery (AL) Advertiser, the woman developed Cushing's syndrome after taking high doses of oral dexamethasone instead of the drug her doctor had prescribed. The woman's husband received a related $500,000 judgment for being deprived of his wife's companionship while she suffered from muscle weakness, rapid weight gain and other symptoms that can mark Cushing's syndrome.

Reports of the suit do not specify which painkiller the woman should have received. However, the authoritative Merck Manual notes that dexamethasone was once sold under the brand name Decadron and that the name could be mistaken for Percodan. Physicians often prescribe medications by brand name, leaving it to pharmacists and pharmacy technicians to identify and substitute generic equivalents. Generic substitution is legal and rarely creates problems for patients because generic prescription medication approved for sale in the United States must have active ingredients that are exactly the same as the brand name drugs they replace.

Percodan combines aspirin with the narcotic medication oxycodone. Dexamethasone does not relieve pain, and side effects from taking the corticosteroid can include Cushing's-like problems.

Prescription drug dosing, dispensing and administration errors are among the most common medical mistakes, and their effects can be severe. As medication experts, pharmacists have legal and professional obligations to ensure that prescriptions are filled correctly. Companies and health care facilities that employ pharmacists have the duty of ensuring pharmacists meet their obligations.

Rite Aid has announced that it will not appeal the jury's verdict in this case, which shows that the pharmacy chain is accepting its responsibilities. The chain and its employees should also take this incident as an opportunity to learn how to prevent similar mistakes in the future.

EJL

Labels: dangerous drug doctor drugs errors injury lawyer Jim Lewis medical errors medical malpractice medication mistakes painkiller pharmacist prescription Rite Aid side effects

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have extensive experience handling medical malpractice cases. Please take a moment to review our medical malpractice case results and visit our blog dedicated exclusively to medical malpractice and surgical error issues. Our primary office in based in Virginia Beach, Virginia (VA) but we're ready to come to you anywhere in Virginia if you've been seriously hurt by a doctor's carelessness. While not every injury case meets our criteria, we off a free, initial confidential injury case consultation, so call us toll free at 1-800-752-0042. If you cannot get through due to high call volume, please leave a voicemail and we will return your call promptly.

Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition. Rick and Jim, along with fellow attorney John Cooper were named Virginia "Super Lawyers" For Personal Injury Law (2010, less than 5% of lawyers are chosen). Members of the firm have also been selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the Top 5 Surgical Errors You Must Know About. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service. Our injury attorneys also host an extensive injury law video library on Youtube.

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