Gwen Dalley thought she was taking antibiotics she received from a Loganville CVS pharmacy. After being hospitalized for suffering nausea, headaches, and blurred vision, she discovered that she was really taking an antidepressant improperly dispensed to her by the pharmacy. Her story appears to be a growing trend in Georgia and around the country.
The Atlanta Journal Constitution has the story.
Dalley’s attorney, Trent Speckhals, settled her case confidentially with CVS, and Dalley has also filed a complaint with the Georgia Board of Pharmacy. In another case, an Atlanta woman thought she was taking the allergy drug Allegra when she was actually taking the psychiatric drug Nefazodone. That case also settled.
It is unknown how many consumers are given the wrong prescription drug every year, but studies estimate that around 3 percent of prescriptions dispensed by pharmacies may have harmful errors. In Georgia, it is also unclear how many complaints are filed with the Georgia Board of Pharmacy, since the process is kept secret unless the board votes to publicly reprimand the pharmacist or pharmacy. Furthermore, most reprimands are private letters of concern that never see the public light. When the board does publicly reprimand a pharmacist, it is typically for substance abuse or dispensing narcotics without a valid prescription. However, there have been about 50 public reprimands since 2006 for mistakes in dispensing medication. In those cases, the pharmacist was usually fined $500 by the board.
The most common reason for mistakes is believed to be fatigue. Pharmacists often have to fill hundreds of prescriptions a day. This means that pharmacists often shift the work to their technicians and may not always check the technician’s work as is required. Sadly, the problem is only expected to grow as Georgians use more and more prescription drugs.
This story highlights the unfortunate reality that many pharmacies are not held accountable for prescription errors which cause serious complications such as heart attacks, strokes, disability and even death. Prescription errors can occur when the wrong dosage is given or when a patient receives the incorrect drug.
If a person is injured because they got the wrong prescription drug from their pharmacy, a personal injury attorney may be able to help. In a case like this, the lawyer should conduct a thorough investigation by obtaining and reviewing medical records, researching pharmacy protocol, and retaining medical experts in an effort to hold a pharmacy or pharmacist accountable for any damages the patient sustained.
Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia’s “Super Lawyers”, and included among Georgia’s “Legal Elite” by Georgia Trend Magazine.
