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Drug & Pharmacy Error Prevention Filing a pharmacy error lawsuit is the only way to make pharmacies take accountability for mistakes. Call our board certified attorneys for a free case review.
State Pharmacy Laws State laws on pharmacy malpractice. Learn the pharmacy error Statute of Limitation laws that apply to your state. Call 877-342-2020 for a free consultation.

Judge Denies Pharmacy’s Motion to Dismiss Case Regarding Wrong Dose

David W. Hodges
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Partner at Kennedy Hodges LLP practicing pharmacy error, medical malpractice and personal injury law
Posted on Oct 05, 2013

We recently reported on an Illinois pharmacy malpractice lawsuit that a family filed against Evers Pharmacy, doing business as Dauber Pharmacy, and pharmacist Jessi Weber. While the Pickell family has alleged that their daughter suffered life-threatening injuries from receiving a quadruple amount of medication and is seeking a judgment of at least $50,000, the pharmacy filed a motion for the claim to be dismissed.

The pharmacy claimed the lawsuit is insufficient because the Pickells didn’t attach an affidavit to their lawsuit, per Illinois law. In the meantime, the Pickells filed a motion for an extension so they could amend their suit with an affidavit. The motion to dismiss the case was heard by St. Clair Circuit Judge Vincent Lopinot; however, he denied the motion to dismiss on August 13, 2013. He also, granted the Pickells an extension, which means that the case against the Mascoutah pharmacy will be tried in court.

Plaintiffs Brandy Pickell and Monty Pickell have demanded a jury to hear their case, in which their daughter was prescribed 25 milligram tablets of Dapsone but received 100 milligram tablets instead. The lawsuit claims they gave their minor daughter, Aliana Pickell, the wrong dose of tablets unknowingly—two tablets each day for a week. They allege that pharmacist Jessi Weber filled the wrong drug dosage—a dose four times stronger than what was prescribed—which caused their daughter to face life-threatening complications from a blood disorder.  The Pickells blame their daughter’s injuries and condition on pharmacy error.

Judge Vincent Lopinot has scheduled a status conference for November 25, 2013. Our pharmacy error attorneys will continue to follow and report on this case.

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