By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On October 31, 2017, an Illinois woman filed suit against Walgreens with a state court suit claiming store personnel gave her incorrect instructions for handling the anti-rejection drugs prescribed to her 3-year-old son. The medication was prescribed to the boy after his heart transplant, and Tatiana Lowe claims Walgreens pharmacy’s error resulted in his death.
Lowe alleged that Walgreens employees insisted on the incorrect instructions even after she said they contradicted previous instructions she’d been given for the drug. Therefore, the drugs did not have their proper effect and her son who went into heart failure and died.
She claimed she and her mother, who was also caring for the boy, were told by both Walgreens employees and the label the employees placed on the medication that tacrolimus was to be kept refrigerated. Additionally, she claims that she questioned the directions and informed the staff that previous tacrolimus prescriptions had come with warnings not to refrigerate it, but that the staff “carelessly and negligently rebuked and misled” her and her mother.
Lowe claimed she followed the directions given by the Walgreen employees, but that because of the refrigeration the drug had “sub-therapeutic and unreasonably dangerous effects,” resulting in heart failure.
At said time, Walgreens knew or should have known that tacrolimus must be mixed with the proper ingredients and stored at room temperature in order to provide the anticipated efficacy and beneficial anti-rejection effects to organ transplant patients such as Albert Dobbins,” the complaint said.
To read the complaint filed in this case, click here.
To learn more and read about another case of pharmacy negligence that lead to a patient’s death, click here to read one of my prior blogs.
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Archer, Rick. “Walgreens Hit With Suit Over Prescription That Killed Child.” Law360. (October 31, 2017). Web.
Grossman, Dan. “Family sues Swedish Medical over death of son.” 9 News. (December 22, 2016). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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