Let me get this straight – some idiot at the hospital accidentally administers a dose 1,000 times greater than called for, and the twins almost die. How is that the drug maker’s fault? Oh wait, they have deep pockets so it must be their fault.
Apparently, Mr Quaid feels the packaging (color size and shape of box or bottle etc) between the correct strength and the incorrect strength are too similar and thus caused confusion for the person adminstring the medication.
That’s the reason for suing the mfr, instead or in addition to the hostpital.
This is what is wrong with our society. Let us sue everyone we can think of, causing insurance rates increases, causing companies undue expenses and valuable time devoted to legal stuff.
I agree with previous posts. Dosage error by the hospital does not mean that the Drug Company should be liable. The only folks who are responsible are the administrators of the drugs…
The packaging and label on the products used were “similar” enough that an ERROR ON THE PART OF THE MEDICAL PROFESSIONAL was made – NOT the drug manufacturer. The news media showed the two bottles side by side – and yes, admittingly, they were SIMILAR – Their intent is to be used in a hospital situation – no fancy labels, no colors or cute little pictures – no frills – no waste. It is what it is – and what is was a total screw up by the person who administered the drug – not once, but twice
The Heparin bottles are marked using the same label however one is for 10 units/mil the other for 10,000 units/mil The packaging for the vials that contain the 10 and 10,000 units of Heparin are hard to tell apart as both are colored in shades of blue and have small writing.
The only way the Drug Mfg could be remotely liable is if the allegations are that the products should be so dissimlar in packaging as to prevent future errors
Reading some of the other articles, apparently this isn’t the first time that this has happened before resulting in death of three other infants for the same mistake.
Toss up on the liability – however, I still believe that there should be a notice or warning where there should be either a grace period to send out new labels or other warnings for the products already in the stream of commerce – and a change to the bottles in production. Then it is the liability of the consumers to correct future situations from happening – and the manufacturer on a go forward basis.
So when my Dad got up in the night with an upset stomach and plopped two Alka Setzer tablets in a glass of water, took a swig, and discovered he had gotten my Mom’s Polident tablets by accident, he could have sued Polident? If he had turned on the light and read what he was using, this never would have happened.But that was over 30 years ago before we knew about corporate deep pockets.
I suppose they are after the drug maker because of a perceived lack of warnings about how to dose and administer heparin. But why go after them for not putting an idiot warning on the label when the professionals who adminstered the dose were well-seasoned doctors and nurses who should have known better. You can put all the labels you want on the vial, but you can protect against people making bad choices. Of course, the doctors and nurses involved do not have many assets for recovery and no guaranty fund could possibly return a good enough award to make it worth plaintiff’s attorneys going after it….
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Let me get this straight – some idiot at the hospital accidentally administers a dose 1,000 times greater than called for, and the twins almost die. How is that the drug maker’s fault? Oh wait, they have deep pockets so it must be their fault.
Dennis Quaid’s law suit is a classic ‘I could have been killed” (but you weren’t killed – or even hurt , for that matter) case.
No long term effects known and twins clotting ‘returned to normal’ w/in 40 hours.
Baxter and others have been marketing hep for many years – well known and reliable drug.
Also, Baxter has an excellent defense: dose not contaminated and therapeutic if used as directed.
However …. no National traction or publicity in suing a local hospital for a nursing/pharmacy error
Apparently, Mr Quaid feels the packaging (color size and shape of box or bottle etc) between the correct strength and the incorrect strength are too similar and thus caused confusion for the person adminstring the medication.
That’s the reason for suing the mfr, instead or in addition to the hostpital.
This was covered in an earlier article.
Why is he suing the drug maker?
Becase they have lots and lots of $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$!
This is what is wrong with our society. Let us sue everyone we can think of, causing insurance rates increases, causing companies undue expenses and valuable time devoted to legal stuff.
I agree with previous posts. Dosage error by the hospital does not mean that the Drug Company should be liable. The only folks who are responsible are the administrators of the drugs…
The packaging and label on the products used were “similar” enough that an ERROR ON THE PART OF THE MEDICAL PROFESSIONAL was made – NOT the drug manufacturer. The news media showed the two bottles side by side – and yes, admittingly, they were SIMILAR – Their intent is to be used in a hospital situation – no fancy labels, no colors or cute little pictures – no frills – no waste. It is what it is – and what is was a total screw up by the person who administered the drug – not once, but twice
The Heparin bottles are marked using the same label however one is for 10 units/mil the other for 10,000 units/mil The packaging for the vials that contain the 10 and 10,000 units of Heparin are hard to tell apart as both are colored in shades of blue and have small writing.
The only way the Drug Mfg could be remotely liable is if the allegations are that the products should be so dissimlar in packaging as to prevent future errors
Reading some of the other articles, apparently this isn’t the first time that this has happened before resulting in death of three other infants for the same mistake.
Toss up on the liability – however, I still believe that there should be a notice or warning where there should be either a grace period to send out new labels or other warnings for the products already in the stream of commerce – and a change to the bottles in production. Then it is the liability of the consumers to correct future situations from happening – and the manufacturer on a go forward basis.
If it was anyone else besides Dennis Quaid…..
Because of the poor labeling on the bottles that it is hard to tell the different dosages apart.
So when my Dad got up in the night with an upset stomach and plopped two Alka Setzer tablets in a glass of water, took a swig, and discovered he had gotten my Mom’s Polident tablets by accident, he could have sued Polident? If he had turned on the light and read what he was using, this never would have happened.But that was over 30 years ago before we knew about corporate deep pockets.
I suppose they are after the drug maker because of a perceived lack of warnings about how to dose and administer heparin. But why go after them for not putting an idiot warning on the label when the professionals who adminstered the dose were well-seasoned doctors and nurses who should have known better. You can put all the labels you want on the vial, but you can protect against people making bad choices. Of course, the doctors and nurses involved do not have many assets for recovery and no guaranty fund could possibly return a good enough award to make it worth plaintiff’s attorneys going after it….