The lawsuit against Walgreens pharmacy was filed on behalf of the family of Beth Hippely. According to an article in The Ledger, Hippeley’s family sued Walgreens, claiming that a fifteen-year old pharmacy assistant mistakenly gave her a blood thinner prescription that was ten times stronger than she was supposed to be taking.
The Ledger further reported that the pharmacist at Walgreens negligently failed to promptly recognize the deficiency and failed to warn of this potential problem.
Lawsuit Against Walgreens Pharmacy
According to attorney Bill Linder of San Diego, California, the lawsuit is being handled by a group of former patients of Walgreens who are suing the chain for negligence. Linder said that there is proof that this prescription medication was intentionally overcharged by the pharmacy.
This evidence came from the fact that the prescriptions of certain vitamins and other medical drugs were improperly written by employees. Pharmacy personnel are also being sued under state law for not properly maintaining inventory records.
According to The Ledger, it took the help of the pharmacist’s insurance company to negotiate a settlement out of court.
The settlement was reported to the Food and Drug Administration, which regulates the pharmacies in the state. This negligence by the Walgreens pharmacy manager caused the wrongful death lawsuit to be filed against the chain. According to the Ledger, a hearing will be held in June in a federal court in Connecticut in reference to the wrongful death lawsuit.
According to the Ledger, the plaintiffs in this lawsuit have been able to successfully get their claims reimbursed.
However, the judge in the lawsuit has expressed his opinion that a claim for wrongful death should be allowed only if the cause of death is “indisputable.” The Ledger noted that this ruling is likely to put off any wrongful death lawsuit against Walgreens pharmacy.
The plaintiff’s attorney said that the pharmacy benefit plan they are pursuing is likely to fail if the court does not rule that prescription drug errors can be proven. They added that this is not a final victory for their client who is owed compensation for the pain and suffering caused by Walgreens’ alleged negligence.
In response to the lawsuit, Walgreens said that their policy bars the issuance of any prescription drug unless they first obtain the patient’s authorization and then obtain the prescription drug in question.
According to Walgreens spokesperson, Lisa Fernandez, the chain had received a letter from the Food and Drug Administration in relation to the suit. The FDA sent a letter stating that it was reviewing the complaint and had opened an investigation into the matter.
The Walgreens recalled all affected pharmacies earlier this month. The company is also considering pursuing a wrongful death lawsuit on behalf of the deceased patient.
There have been reports that some wrongful death cases have been successfully litigated due to the occurrence of prescription drug errors.
However, it is not clear whether these cases will always succeed. Defendants have sometimes been able to convince juries that medication errors did not cause the death or harm of the plaintiff. The recent incident is an exception to this rule.