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Types of Errors

Dangerous and Defective Drugs If you put your trust in a pharmaceutical company and were hurt by their product, you deserve compensation for your suffering.
Wrong Medication Did you receive the wrong medication or incorrect prescription from a pharmacy? If you have suffered because of a medication error please call us for a free case review.
Wrong Dosage Common forms of medication error: incorrect dosage error. Order our free book to learn how to protect yourself and your family from wrong dosage errors.
Other Errors Order our free book, "How to Make Pharmacies Pay for your Injuries Caused by Medication Errors, to learn your rights in prescription error cases.
Kids Rx Errors Order a free copy of The Top 10 Tips to Protect Your Children Against Pharmacy Errors. If you have suffered a prescription error contact our firm today.
Pharmacy Malpractice If you have suffered an injury because a pharmacy dispensed the wrong medication or made an error with your prescription, you are able to file a claim for negligence or malpractice and receive the compensation you deserve.
Walgreens Pharmacy Error Claims There have been numerous claims brought against Walgreens for pharmacy errors or prescription errors. Order our free book to learn how to take action.
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State Pharmacy Boards If you have been severely injured because of a medication error, contact board-certified attorneys immediately to investigate your case free of charge.
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
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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