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.
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.
A mistake in filling a prescription can obviously result in tragedy. I question the effectiveness of preventing future mistakes by imposing such light sanctions on these highly trained professionals. Of course, the families of these victims still can pursue a lawsuit against the pharmacist and the pharmacy, but no amount of money can replace the loss of their loved one. I have handled these types of cases before with favorable results for my clients. If you or a loved one has experienced pharmacy negligence in the North Florida area, you can call me, Jacksonville injury attorney Henry Gare, for advice at 904-387-6101.