Archive for August, 2008

Florida Pharmacy Mistakes Often Go Unreported and Patients Pay the Price

Saturday, August 30th, 2008

I have personally handled several Jacksonville pharmacy malpractice cases that arose in incidents involving pharmacies in the North Florida area. Luckily none of my clients passed away. The Ferrero family was not so fortunate last October when their son died partly as the result of a pharmacist’s error.pill

The Ferreros took their son, Sebastian, for treatment to Shand’s Medical Center last October to undergo pediatric endocrinology testing in which an amino acid, arginine, was used. The proper dose for Sebastian was 5.75 grams based upon his body weight. Instead, the pharmacist sent two bottles of an arginine solution each containing 30 grams of the compound. The solutions were administered despite Sebastian’s mother questioning the nurse as to whether that amount was the proper dosage. Tragically young Sebastian died the following morning.

What really struck me about this story is the sanctions imposed upon the negligent pharmacist. Sure we are all human, and sometimes we make mistakes. However, this was an obvious mistake which resulted in the most grave consequence. The Florida Board of Pharmacy imposed a $1,000 fine plus costs of investigation on Edna Irizzary, the negligent pharmacist. $1,000!?!? Is that all the Board thought was appropriate to ensure that this pharmacist and others will not make such careless mistakes? I reserve judgment as to whether her license should be revoked. However I am quite sure that when someone with expertise such as a pharmacist, who presumably makes quite a comfortable living is only fined $1,000 for a mistake that results in death, the public is not much safer.

A quick internet search revealed that this is common. In July 2001 a local national pharmacy chain mislabeled drug instructions that led to the death of Jacksonville resident Terry Smith. After an investigation the Pharmacy Board fined the pharmacist $1,000 plus costs.

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If you see a stray dog call Animal Care and Control: there are already too many Florida pit bull attacks

Friday, August 22nd, 2008

imagdog-1A good samaritan became another Florida dog attack victim in Okaloosa County this past week. The attack occurred at about 10 a.m. Monday. The victim told the deputy that he was taking out his garbage when he saw his neighbor’s pit bull. The dog was initially friendly and the victim walked him next door to try and return the dog. There was no answer at the neighbor’s house and when he walked back to his own house, the dog followed.

Then the dog began to get “very aggressive,” jumping at his chest and snapping at his face. When the man pushed the dog off, the dog jumped up, grabbed his arm and refused to let go. The man called for help and his wife responded, attempting to pry the dog loose. All three fell to the ground, as the dog continued to bite the victim.

After representing victims of dog bites and animal attacks for 15 years I can tell you that the proper thing to do when you see a stray dog is to call your local Animal Care and Control. These city workers are trained to deal with vicious animals. If you are the victim of a dog attack you should call a Florida injury attorney who has experience in this area.

Jacksonville motorcycle accident avoidable

Monday, August 18th, 2008

cycleAs a Jacksonville Injury Attorney who has represented many Jacksonville motorcycle accident victims, I was not surprised to learn that Florida accounts for 9% of all motorcycle deaths. We all know that motorcyclists are at a much greater risk of sustaining serious injuries when they are involved in an accident than passengers in a vehicle. All too often motorcyclists are not seen by other drivers on the road. Its not so much that motorcyclists take more risks or are less cautious. Indeed, they are probably more cautious. Often other drivers are oblivious to motorcyclists. Knowing that, I had to ask myself why anyone would increase their chances of being involved in a wreck while on a motorcycle?

The Florida Times Union reported Friday that a man was weaving in and out of traffic on his motorcycle when he ran into the back of a police car on the Buckman Bridge. Alcohol was suspected as a factor. Unfortunately the driver sustained critical injuries. This accident was completely avoidable. In this instance, the cyclist himself caused his own injuries. Why in the world would anyone drive intoxicated on a motorcycle while performing dangerous maneuvers such as weaving in and out of traffic on a busy road?
The article did not say whether the cyclist was wearing a helmet. However, the National Highway Transportation Safety Administration estimates that wearing a helmet will increase your chances of surviving a motorcycle crash by 37%. We advocate that everyone who rides, wears a helmet. If you or a loved one has been involved in a motorcycle accident, you can call Jacksonville Injury Attorney, Henry Gare, at (904) 387-6101 for free advice.

Palatka Woman Dies After Her Tire Blows Out: Another Avoidable Tragedy?

Thursday, August 14th, 2008

tireAs a Jacksonville injury attorney who has represented thousands of car accident victims, I understand the grief and devastation that Jerusha Hendrick’s family is now experiencing. As the investigation unfolds, authorities will determine whether this accident was the result of a defective tire (Ford Explorer/Firestone?) or some other cause.

While the details of this particular incident still emerge, this story reminded me to check the tire pressure on my own vehicle. A tire is the only thing between you and your car and the pavement. Each month most people wash their cars, but a recent study has shown that only 1 out of 7 people also check the air pressure in their tires. You should check the air pressure in your tires at least once a month. Under inflation is the leading cause of tire malfunction. You can’t just eyeball it. Tires can be as much as 50% under inflated before it is noticeable. Not only could this save your life, but it also will save you money. Under inflated tires can cost you as much as 3-5¢ more per gallon in fuel. While you’re checking air pressure, also check to see if there are uneven wear patterns on the tire. This is a sign that you may need an alignment or other mechanical maintenance. Also, experts recommend rotating your vehicle’s tires every 8,000 miles in order to maximize the life of your tires. Tires are definitely expensive, but don’t try to save money by riding on worn tires. A good rule of thumb to know when your tires need replacement is the “penny test.” Stick a penny upside-down in the middle and outside tread grooves of each of your tires. If you can see Lincoln’s whole head, then its time for new tires.

The most important auto safety tip: Do not forget to BUCKLE-UP every time you get in the car! Not only is it the law, but it dramatically improves your chances of walking away from an auto accident. If you or a loved one has been injured in a car accident, you can call Jacksonville injury attorney Henry Gare for free and confidential advice at 904-387-6101.

Funeral Home Mistake ends up with wrong grandmother being buried

Wednesday, August 6th, 2008

071708-001-coffin158My office represents families who have been the victims of funeral home and cemetery mistakes. It still amazes me that the following tragedies continue to happen. consumerist.com reports the following story: Mount Auburn Funeral Home in Stickney, Illinois, mixed up the tags on a couple of bodies, so that when mourners showed up to view 91-year-old Lillian Grogan on Monday, they instead saw a different lady wearing Grogan’s clothes and jewelry. When a granddaughter tried to find out what the funeral home had done with the real Grogan, she discovered the woman had already been buried. She was exhumed and reburied yesterday. In a Jacksonville case my office recently settled the local medical examiner mixed up the tags on dead bodies resulting in the wrong body being cremated.

The funeral home referred questions to its parent company, Houston-based Service Corporation International. Company spokeswoman Jennifer Brandino said the families had requested the company not disclose information about the mix-up.

“We continue to work with both families involved and are committed to resolving the issue to their satisfaction,” Brandino said.

consumerist.com had a great question: Why did the quaintly named Mount Auburn Funeral Home refer questions to SCI to explain what was obviously a local mistake? Because if you’re going to be owned by the country’s largest funeral home corporation—it’s like the Buy n Large (or maybe Umbrella Corp) of “end-of-life services”—you may as well use it to hide behind when you screw up.

“Grandmother’s body switched at Ill. funeral home” [Chicago Tribune]

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