As a part of their loss control programs, most pharmacies require that their pharmacists consult on the use of new medications with patients — particularly where the medication may have large health consequences. The consult will include questions about the patient’s medical conditions and warnings about the consequences of taking the drug. The required “consult” would have immediately reviewed that the woman did not have cancer and instead thought she was taking prenatal vitamins. Several states require that the actual filling of prescriptions be done by licensed pharmacists for this reason. Ordinary negligence? Maybe.
I forgot all about that; I smell a rat! Whenever I pick up my prescriptions, the pharmacist always has a couple of things to say or questions to ask, even to the point where I get a little annoyed. Now that I think of it, how could this medication “switch” happen, unless she either didn’t consult with the pharmacy or she just didn’t read the label…I mean we know people don’t read their insurance policy, why read the prescription label? Otherwise, she would be partly to blame; if that comes out at trial, it may get tossed altogether….and some poor attorney will be on the dole (sarcasm fully intended)
This woman must have the best health insurance on the planet if the co-pay for a vitamin was the same as a chemotherapy drug. I would think there would be a difference in costs and that would raise red flags becasue prenatal vitamins aren’t that expensive. If she was charged the right price for the vitamins, then that would indicate that the bottle label and the prescription records would have listed the correct medication and it was just th wrong pills inside. But, if the lable and the other records listed the vitamin and it was just the worng pill in the bottle, how was the pharmancy able to recogize the error at refill ? I guess I think too much…
I’ve have never had a pharmacist “consult” with me about my medication. The doctor does this. They always just look relieved when I walk out with complaining about the cost or what is/isn’t paid by insurance. In fact I often pick-up prescriptions for my wife and the pharmacist certainly doesn’t ask me any questions. Doesn’t mean they shouldn’t. I always thought they just had to know how to count, pour pills in a bottle and type a label. Never could understand why they needed so much education for this but maybe I do now.
No dumb$&& I didn’t hit the enter key twice, my PC locked up. All of you posting must be men, in order to just blow this off and suggest she can “have another child.” What if she can’t have another child, then how much would this have been worth? I’m a woman, and I know how hard and long it took me to get pregnant. If ANYONE jeopardized that I would sue for every cent they had.
SWFL Mark, you’re thinking of the pharmacy tech – they need to know how to count pills and operate a cash register. The pharmacist is an MD and oversees everything. That is the person who is supposed to do the consult because they know the chemistry behind it all.
I pick up pills for my wife every month, and every month I’m offered a consult. If they haven’t seen the prescription before, or if the tech doesn’t recognize me, they force a consult by keeping the pills behind the counter until the pharmacist sees me. I fill at Costco and WalMart, so it’s not just the high-end pharmacies that do this.
Here’s an interesting study that would be useful in this conversation. What’s the average amount paid out for accidentally making it so a man can’t reproduce? Granted the law of averages says this woman can have another child, and a man that has been made sterile can’t, but that’s the closest comparison I can think of. Unless a man has been awarded damages for the mis-carriage of his child (doubtful, but it could have happened). Let’s keep it fair here.
I think a lot of you are missing the point here. its not a matter of the woman being able to have another child. The issue is that the pharmacy, through their negligence, KILLED the child she was going to have. Think about that when you try to figure out what the claim is worth.
I agree with the comment made earlier that mistakes do happen. But, when there are serious consequences, such as here, the ONLY way to redress those grievances is through the payment of money.
I don’t know what the claim is worth (and I deal with high end bodily injury claims frequently) because I don’t have enough information about the case or the parents (its not just the Mom), but I think its probably worth a lot of money. If it were me, I’d not want to get the money myself, but would have it paid to a neonatal care center to help take care of preemie babies.
But the jury will consider whether the woman is able to reproduce. I can all but guarantee the woman’s reproductive capacity will be used by both sides – hers especially if there were difficulties getting pregnant the first time and Walgreens’ to say “yes it’s tragic but she can have another”.
I wouldn’t want to decide the award on this one, but I do know I would not want to make her wealthy because of it.
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As a part of their loss control programs, most pharmacies require that their pharmacists consult on the use of new medications with patients — particularly where the medication may have large health consequences. The consult will include questions about the patient’s medical conditions and warnings about the consequences of taking the drug. The required “consult” would have immediately reviewed that the woman did not have cancer and instead thought she was taking prenatal vitamins. Several states require that the actual filling of prescriptions be done by licensed pharmacists for this reason. Ordinary negligence? Maybe.
I forgot all about that; I smell a rat! Whenever I pick up my prescriptions, the pharmacist always has a couple of things to say or questions to ask, even to the point where I get a little annoyed. Now that I think of it, how could this medication “switch” happen, unless she either didn’t consult with the pharmacy or she just didn’t read the label…I mean we know people don’t read their insurance policy, why read the prescription label? Otherwise, she would be partly to blame; if that comes out at trial, it may get tossed altogether….and some poor attorney will be on the dole (sarcasm fully intended)
This woman must have the best health insurance on the planet if the co-pay for a vitamin was the same as a chemotherapy drug. I would think there would be a difference in costs and that would raise red flags becasue prenatal vitamins aren’t that expensive. If she was charged the right price for the vitamins, then that would indicate that the bottle label and the prescription records would have listed the correct medication and it was just th wrong pills inside. But, if the lable and the other records listed the vitamin and it was just the worng pill in the bottle, how was the pharmancy able to recogize the error at refill ? I guess I think too much…
I’ve have never had a pharmacist “consult” with me about my medication. The doctor does this. They always just look relieved when I walk out with complaining about the cost or what is/isn’t paid by insurance. In fact I often pick-up prescriptions for my wife and the pharmacist certainly doesn’t ask me any questions. Doesn’t mean they shouldn’t. I always thought they just had to know how to count, pour pills in a bottle and type a label. Never could understand why they needed so much education for this but maybe I do now.
SWFL Mark: suggest you find another pharmacy.
No dumb$&& I didn’t hit the enter key twice, my PC locked up. All of you posting must be men, in order to just blow this off and suggest she can “have another child.” What if she can’t have another child, then how much would this have been worth? I’m a woman, and I know how hard and long it took me to get pregnant. If ANYONE jeopardized that I would sue for every cent they had.
SWFL Mark, you’re thinking of the pharmacy tech – they need to know how to count pills and operate a cash register. The pharmacist is an MD and oversees everything. That is the person who is supposed to do the consult because they know the chemistry behind it all.
I pick up pills for my wife every month, and every month I’m offered a consult. If they haven’t seen the prescription before, or if the tech doesn’t recognize me, they force a consult by keeping the pills behind the counter until the pharmacist sees me. I fill at Costco and WalMart, so it’s not just the high-end pharmacies that do this.
Here’s an interesting study that would be useful in this conversation. What’s the average amount paid out for accidentally making it so a man can’t reproduce? Granted the law of averages says this woman can have another child, and a man that has been made sterile can’t, but that’s the closest comparison I can think of. Unless a man has been awarded damages for the mis-carriage of his child (doubtful, but it could have happened). Let’s keep it fair here.
I think a lot of you are missing the point here. its not a matter of the woman being able to have another child. The issue is that the pharmacy, through their negligence, KILLED the child she was going to have. Think about that when you try to figure out what the claim is worth.
I agree with the comment made earlier that mistakes do happen. But, when there are serious consequences, such as here, the ONLY way to redress those grievances is through the payment of money.
I don’t know what the claim is worth (and I deal with high end bodily injury claims frequently) because I don’t have enough information about the case or the parents (its not just the Mom), but I think its probably worth a lot of money. If it were me, I’d not want to get the money myself, but would have it paid to a neonatal care center to help take care of preemie babies.
But the jury will consider whether the woman is able to reproduce. I can all but guarantee the woman’s reproductive capacity will be used by both sides – hers especially if there were difficulties getting pregnant the first time and Walgreens’ to say “yes it’s tragic but she can have another”.
I wouldn’t want to decide the award on this one, but I do know I would not want to make her wealthy because of it.