An Illinois pharmacy was recently served with a lawsuit for allegedly prescribing the wrong dosage of medication. According to the lawsuit, the Mascoutah pharmacy prescribed too much dosage in a medication that a minor girl received.
Brandy and Monty Pickell filed their suit on April 1, 2013, in St. Clair County Circuit Court against Evers Pharmacy and Jessi Weber. However, Evers Pharmacy and Weber filed a motion to dismiss the suit on May 6, 2013. The pharmacy says the lawsuit is insufficient and should be dismissed.
The Pickells claim that Aliana, their minor daughter, received a dosage four times greater than the amount that was prescribed, causing her to endure life-threatening injuries. The suit says the Pickells visited Dauber Pharmacy to pick up a prescription for Dapsone for their daughter. Instead of receiving 25 milligram tablets, the pharmacist dispensed 100 milligram tablets of the medication. The Pickells said they did not realize that the pharmacist made a mistake until Aliana had already taken two 100 milligram tablets daily for a week. The claim states that their daughter developed life-threatening complications from a blood disorder in which an abnormal amount of hemoglobin is produced.
The claim indicates that the pharmacist failed to determine the proper dosage of medication and failed to follow the pharmacy’s standard policy and procedures. The Pickells are seeking a judgment of more than $50,000.
The pharmacy is asking for the case to be dismissed because the complaint failed to comply with the statute. Under Illinois law, the claim must have an affidavit from the plaintiff’s attorney reflecting the case has been discussed with an expert in the field who reviewed the records and determined there is a meritorious cause of action.
If you've received the wrong dosage of prescription medication, you may need legal advice to protect your rights. Call the experienced pharmacy error attorneys at Kennedy Hodges, L.L.P., today at 888-526-7616. We offer a free consultation to discuss your case.