Safeway Pharmacy Settles Medical Negligence and Wrongful Death Suit Over Woman’s Death

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 5, 2016, a Nebraska magistrate judge signed off on an agreement resolving a widower’s wrongful death suit. The medical negligence suit contends that Safeway pharmacists negligently dispensed methadone and another medication to the plaintiff’s now-dead wife even though using the drugs together is risky, ultimately leading to her death.


Medical Negligence.

U.S. Magistrate Judge Thomas D. Thalken, granted a stipulation of dismissal in Brian Crawford’s litigation alleging that Safeway is liable for his wife’s death. Crawford alleges that Safeway is responsible for his late wife’s death because its pharmacists gave her both methadone and fluconazole, despite the fact that the medications are contraindicated for simultaneous use. Click here to read the order in full.

Brian Crawford, who originally filed suit in April 2014, alleged in an amended complaint later that year that Safeway “breached its duty to decedent Hilary Crawford by failing to provide reference material appropriate for the efficient and safe practice of pharmacy for use by its registered pharmacists which would alert the dispensing pharmacist of the adverse drug-drug interaction of methadone and fluconazole prior to the point of dispensing and delivering to decedent Hilary Crawford.”

To read the amended complaint, click here.

Crawford alleges that the failure to provide its pharmacists with those materials led to a number of missteps that contributed to her death in April 2012. For example, the pharmacists failed multiple times to provide Hilary Crawford with counseling and information about the increase in methadone when she was starting larger doses. Also, she was twice given another prescription for the drug before the prior one had run out, the complaint alleged.

The pharmacists also allegedly made several errors surrounding the dispensing of fluconazole to treat a yeast infection she contracted, according to the complaint.

The Other Side of the Story.

In its defense, Safeway moved to exclude the testimony of Brian Crawford’s toxicology expert, Henry Nipper, contending that his opinion lacked reliability. The company then followed up with a summary judgment bid in September, saying that without Nipper’s testimony, Brian Crawford wouldn’t be able to prove causation.

“There is not admissible evidence against Safeway that the combination of fluconazole and methadone taken by the plaintiff’s decedent caused her death. Rather, the overwhelming evidence is that the plaintiff’s decedent took twice as much methadone as she was instructed to by the pharmacy and by her physician. She exhibited signs of overdose in the several days prior to her death,” Safeway said. “Unfortunately, the signs and symptoms were not appreciated by her family and friends.”

However, Judge Thalken denied the motions in late September 2016, and the parties reached a settlement in October 2016, according to court filings.

To learn more about medical negligence suits, click here to read one of my prior blogs.

Contact Health Law Attorneys Experienced in Representing Pharmacists, Pharmacies, and Other Health Care Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes pharmacists, pharmacies, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing physicians in investigations and at Board of Medicine and Board of Osteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations.

To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources:

“Safeway Settles Medical Negligence Suit Over Woman’s Death.” Lexis Nexis. (December 5, 2016). Web.

Posses, Shayna. “Safeway Settles Medical Negligence Suit Over Woman’s Death.” Law360. (December 5, 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.

KeyWords: Medical negligence lawsuit, wrongful death lawsuit, medical negligence defense attorney, wrongful death defense lawyer, legal representation for medical negligence, legal representation for wrongful death lawsuits, legal representation for pharmacists, legal representation for pharmacies, defense attorney for health care professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Louisiana Board of Pharmacy attorney, Colorado Board of Pharmacy defense legal counsel, Virginia Board of Pharmacy defense lawyer, Kentucky Board of Pharmacy defense attorney, District of Columbia (D.C.) Board of Pharmacy lawyer, Louisiana pharmacist attorney, Colorado pharmacist defense legal counsel, Virginia pharmacist defense lawyer, Kentucky pharmacist defense attorney, District of Columbia (D.C.) pharmacist lawyer

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2016 The Health Law Firm. All rights reserved.

Safeway Pharmacy Settles Medical Negligence and Wrongful Death Suit Over Woman’s Death

PS 4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 5, 2016, a Nebraska magistrate judge signed off on an agreement resolving a widower’s wrongful death suit. The medical negligence suit contends that Safeway pharmacists negligently dispensed methadone and another medication to the plaintiff’s now-dead wife even though using the drugs together is risky, ultimately leading to her death.

Medical Negligence.

U.S. Magistrate Judge Thomas D. Thalken, granted a stipulation of dismissal in Brian Crawford’s litigation alleging that Safeway is liable for his wife’s death. Crawford alleges that Safeway is responsible for his late wife’s death because its pharmacists gave her both methadone and fluconazole, despite the fact that the medications are contraindicated for simultaneous use. Click here to read the order in full.

Brian Crawford, who originally filed suit in April 2014, alleged in an amended complaint later that year that Safeway “breached its duty to decedent Hilary Crawford by failing to provide reference material appropriate for the efficient and safe practice of pharmacy for use by its registered pharmacists which would alert the dispensing pharmacist of the adverse drug-drug interaction of methadone and fluconazole prior to the point of dispensing and delivering to decedent Hilary Crawford.”

To read the amended complaint, click here.

Crawford alleges that the failure to provide its pharmacists with those materials led to a number of missteps that contributed to her death in April 2012. For example, the pharmacists failed multiple times to provide Hilary Crawford with counseling and information about the increase in methadone when she was starting larger doses. Also, she was twice given another prescription for the drug before the prior one had run out, the complaint alleged.

The pharmacists also allegedly made several errors surrounding the dispensing of fluconazole to treat a yeast infection she contracted, according to the complaint.

The Other Side of the Story.

In its defense, Safeway moved to exclude the testimony of Brian Crawford’s toxicology expert, Henry Nipper, contending that his opinion lacked reliability. The company then followed up with a summary judgment bid in September, saying that without Nipper’s testimony, Brian Crawford wouldn’t be able to prove causation.

“There is not admissible evidence against Safeway that the combination of fluconazole and methadone taken by the plaintiff’s decedent caused her death. Rather, the overwhelming evidence is that the plaintiff’s decedent took twice as much methadone as she was instructed to by the pharmacy and by her physician. She exhibited signs of overdose in the several days prior to her death,” Safeway said. “Unfortunately, the signs and symptoms were not appreciated by her family and friends.”

However, Judge Thalken denied the motions in late September 2016, and the parties reached a settlement in October 2016, according to court filings.

To learn more about medical negligence suits, click here to read one of my prior blogs.

Contact Health Law Attorneys Experienced in Representing Pharmacists, Pharmacies, and Other Health Care Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes pharmacists, pharmacies, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing physicians in investigations and at Board of Medicine and Board of Osteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations.

To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources:

“Safeway Settles Medical Negligence Suit Over Woman’s Death.” Lexis Nexis. (December 5, 2016). Web.

Posses, Shayna. “Safeway Settles Medical Negligence Suit Over Woman’s Death.” Law360. (December 5, 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.

KeyWords: Medical negligence lawsuit, wrongful death lawsuit, medical negligence defense attorney, wrongful death defense lawyer, legal representation for medical negligence, legal representation for wrongful death lawsuits, legal representation for pharmacists, legal representation for pharmacies, defense attorney for health care professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Louisiana Board of Pharmacy attorney, Colorado Board of Pharmacy defense legal counsel, Virginia Board of Pharmacy defense lawyer, Kentucky Board of Pharmacy defense attorney, District of Columbia (D.C.) Board of Pharmacy lawyer, Louisiana pharmacist attorney, Colorado pharmacist defense legal counsel, Virginia pharmacist defense lawyer, Kentucky pharmacist defense attorney, District of Columbia (D.C.) pharmacist lawyer

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2016 The Health Law Firm. All rights reserved.

Mother Files Suit Against Walgreens Over Prescription That Killed Her Son

3 Indest-2009-2By 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.

The Lawsuit.

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.

Contact Health Law Attorneys Experienced in Representing Pharmacists, Pharmacies, and Other Health Care Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes pharmacists, pharmacies, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing physicians in investigations and at Board of Medicine and Board of Osteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations.

To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources:

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.

KeyWords: Medical negligence lawsuit, wrongful death lawsuit, medical negligence defense attorney, wrongful death defense lawyer, legal representation for medical negligence, legal representation for wrongful death lawsuits, legal representation for pharmacists, legal representation for pharmacies, defense attorney for health care professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Louisiana Board of Pharmacy attorney, Colorado Board of Pharmacy defense legal counsel, Virginia Board of Pharmacy defense lawyer, Kentucky Board of Pharmacy defense attorney, District of Columbia (D.C.) Board of Pharmacy lawyer, Louisiana pharmacist attorney, Colorado pharmacist defense legal counsel, Virginia pharmacist defense lawyer, Kentucky pharmacist defense attorney, District of Columbia (D.C.) pharmacist lawyer

 

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2016 The Health Law Firm. All rights reserved

 

Go to Top