Maryland Accident Law Blog

Maryland Pharmacy Error Injury Attorneys: Fatal Error that Killed Toddler Could Send Pharmacist to Prison

May 14, 2009 | Lebowitz & Mzhen

This week, pharmacist Eric Cropp pleaded no contest to an involuntary manslaughter charge involving the death of a two-year-old patient in 2006. The toddler, Emily Jerry, died after she was administered an overdose of sodium chloride while undergoing chemotherapy at a hospital.

Cropp made the fatal pharmacy error while working as the supervising pharmacist at a hospital. On February 26, 2006, Cropp neglected to catch the pharmacy technician’s preparation error and properly verify whether the contents and composition of the solution were correct before approving a mix that was 23% salt-based when it should have only been 1%. The technician, Katie Dudash, later testified that she had warned Cropp that she didn’t think the mixture was correct.

Following the medication overdose, Emily slipped into a coma before dying on March 1.

Prosecutor James Gutierrez says that Cropp admitted to the mistake and says that he could have or should have seen the warning signs and caught the deadly mistake. Following the pharmacy misfill incident, another pharmacy hired Cropp, who made 15 more pharmacy errors until his license was revoked.

As part of Cropp’s plea agreement, prosecutors dropped the reckless homicide charge against him. Cropp’s sentencing is scheduled for July 17. He could end up serving a maximum five-year prison sentence.

Pharmacy misfills can be catastrophic for the patients that take the wrong medicine or dosage. This is why it is so important that the pharmacy or the pharmacist supervisor double check a prescription or mix to make sure that the dose and/or medication is correct.

In an unrelated incident in another US state, baby Lindsey Lindberg could have died last month if her mother hadn’t noticed that she gave her the wrong medication more than once because of a labeling error.

Lindsey was born in November with a heart defect. Her mother, Courtney Lindberg, had been giving her a number of prescriptions that she would get filled at a Walgreens. Right before the Lindsey was supposed to undergo open heart surgery, she began to act fussy. It wasn’t until she spit up that Courtney realized that Walgreens had put the correct label for Lindsey’s medication on a bottle containing the wrong medicine.

A 2-year-old. A death. A pharmacist facing jail. What will spur lasting change?, MedCity News, May 14, 2009
Pharmacist Could Get 5 Years For Fatal Chemo Error In Toddler, Newsnet5.com, May 13, 2009
Mom gives baby wrong drug after labeling error, SeattlePI.com, May 6, 2009
Related Web Resources:
Unreported Pharmacy Errors, ABC News
20 Tips to Help Prevent Medical Errors in Children, AHRQ.gov

Prince George’s County Logs the Most Maryland Motor Vehicle Accident Deaths in 2008

May 11, 2009 | Lebowitz & Mzhen

The Maryland State Highway Administration says that of the 589 Maryland traffic deaths that occurred in 2008, 124 of those fatalities took place in Prince George’s County. That’s almost twice as many fatalities than in Baltimore County, ranked number two with the most traffic deaths at 52 fatalities. Montgomery County came next with 52 traffic deaths. Baltimore had 49 traffic fatalities, and Anne Arundel County recorded 48 traffic fatalities. Officials from Maryland, Prince George’s County, and municipal police have vowed to address the issue of traffic safety and determine why so many Maryland traffic deaths occur in this county so they can fix the problem.

The county also recently registered the largest amount of Maryland pedestrian deaths over the past decade. For example, of the 111 Maryland pedestrian deaths that occurred in 2007, a significant number of the fatalities occurred in Prince George’s County:

Prince George’s: 28 pedestrian fatalities
Baltimore: 17 pedestrian deaths
Baltimore County: 17 pedestrian fatalities
Montgomery: 15 pedestrian deaths
Anne Arundel: 8 pedestrian fatalities

There were 115 Maryland pedestrian deaths in 2008—and the fatalities keep coming in 2009. Just last month, in Prince George’s County, two young pedestrians, 19-year-old LaRenta Vondale McFarland and 7-year-old Richard Young, died after a Jeep hit them while they were crossing Central Avenue in Upper Marlboro.

According to Maryland Highway Administration spokesperson David Buck, driver error seems to be the leading cause of traffic deaths in Prince George’s County. Common types of driver error include:

• Driver fatigue
• Speeding
• Drunk driving
• Driving under the influence of drugs
• Failure to obey traffic rules
• Talking on cell phone
• Failure to use seat belts
• Text messaging

More 2008 Maryland Traffic Facts:

• About 100,000 Maryland motor vehicle crashes occur annually.
• 196 drivers died in Maryland auto accidents last year.

• 65 of these motorists were not using seat belts or were riding in cars that lacked airbags.

Too Deadly a Place to Drive, Washington Post, May 10, 2009

Maryland State Highway Administration

Related Web Resources:
Maryland Traffic Information, Federal Highway Administration

Prince George’s County, Maryland

Maryland Wrongful Death Settlement Reached in Case of Pregnant Mother and Unborn Son Who Were Allegedly Refused Ambulance Help Because of Feud

May 7, 2009 | Lebowitz & Mzhen

A Maryland wrongful death settlement has been reached between the mother and fiancé of a pregnant woman and her unborn son that died and Smithsburg Emergency Services Inc, medics James Ulrich and Karin Nichol, and former ambulance chief Jason Tracey. The terms of the agreement are confidential. Also previously named among the Maryland wrongful death defendants were Washington County, the Washington County Volunteer Fire and Rescue Association Inc., and dispatcher Robert Myerly.

20-year-old Christina Lynn Hess and her unborn son died in March 2004. The Maryland wrongful death complaint against the defendants contends that a feud between the Smithsburg Volunteer Fire Co. and the ambulance company caused the deaths of Hess and her son. Hess and fiancé Danny Gibson were volunteers at the fire company. Gibson and Hess’s mother, Tammy Reed, had sought $4 million for the wrongful deaths.

According to their Maryland wrongful death complaint, Ulrich and Nichol responded to an emergency call from Gibson, who said that Hess was having seizures. The medics arrived at the scene and spent at least 14 minutes unsuccessfully attempting to intubate Hess. She was then transported to Washington County Hospital where she and her son were pronounced dead.

Montgomery County, Maryland Judge Refuses to Cap Multimillion-dollar Medical Malpractice Award for Patient’s Skin Cancer Death Caused by Delayed Diagnosis

May 5, 2009 | Lebowitz & Mzhen

In Maryland, Montgomery County Judge John W Debelius III refused to cap the medical malpractice noneconomic damages received by the surviving family members of attorney Richard H. Semsker who died after a mole that was not treated became skin cancer and spread to his brain. Last year, his wife and two children were awarded $5.8 million for his wrongful death.

The Maryland medical malpractice lawsuit says that in 1998, Dr. Lokshin in Silver Springs examined Semsker’s back. He noticed that there was a 6 millimeter mole and recommended that Dr. Lawrence Marcus, the patient’s primary care physician, remove the mole.

The complaint claims that each doctor thought that the other physician had tended to the mole. In 2004, Semsker underwent another skin checkup. Dr. Michael Albert noted that there was an atypical mole and two cysts. Albert recommended the removal of the atypical mole but didn’t know that the other mole (documented in 1998) had doubled in size because he didn’t have access to Lokshin’s medical report, which under Maryland law could be destroyed after five years.

Maryland Injuries to Minor Lawsuit Claims Crossing Guard’s Negligence Led to Daughter’s Pedestrian Accident

May 4, 2009 | Lebowitz & Mzhen

The parents of young girl who was struck by an SUV outside an elementary school in Pasadena have filed a Maryland personal injury lawsuit on her behalf. Brooke M Monday was just 7 when the pedestrian accident happened in April 2006.

Brooke broke her jaw, left leg, and nose in the Maryland pedestrian accident that her parents say occurred because a crossing guard negligently waved her to cross the street just moments before she was struck by the motor vehicle. The defendants in the Maryland injuries to minor lawsuit include Anne Arundel County, SUV driver Alison L Hahn, vehicle owner David Fischer, and Monday’s insurance company. Brooke’s parents, Vernon and Jennifer Monday, are seeking millions of dollars in personal injury compensation.

According to the couple’s Maryland personal injury complaint, Deborah L Johnson failed to keep a proper lookout or enter the middle of the street when she told Brooke she could cross. The Mondays’ attorney has even accused the crossing guard of being distracted from doing her job because she was conversing with a friend at the time the deadly Maryland pedestrian accident happened.

US Department of Transportation’s Tougher Vehicle Roof Standards Should Provide Better Protection During Rollover Crashes

April 30, 2009 | Lebowitz & Mzhen

The US Department of Transportation has unveiled new roof strength standards that motor vehicle manufacturers must abide by beginning September 2012. Transportation Secretary Ray LaHood says that these newer, tougher standards should offer greater protection during rollover crashes.

Included in the National Highway Traffic Safety Administration’s new regulations:

• Light weight vehicles weighing up to 6,000 pounds will have to be able to withstand a force equivalent to three times the weight of the vehicle. This doubles the current standard requiring that roofs withstand a force that is 1.5 times a vehicle’s weight.

• For the first time, vehicles weighing 6,000 to 10,000 pounds will have to have roofs that can withstand a force equivalent to 1.5 times the motor vehicle’s weight.

All motor vehicles that have to meet these standards must be in compliance by 2017. Secretary LaHood calls rollovers the “deadliest” type of motor vehicle crash that exists today. However, he also wants people to remember that wearing a safety belt can also increase the chances of surviving a rollover accident.

Rollover Accident Facts

About 10,000 people are killed in US rollover accidents each year. Poorly designed roofs can cause the roof to become deformed, decreasing the amount of protection that occupants can avail of during a rollover accident. Just last month, the Insurance Institute for Highway Safety introduced its roof rating system for autos.

The rating system will hopefully help car buyers make informed decisions about how well certain vehicles ranked during IIHS testing. 12 SUV’s were tested and the ones that performed the best had roofs that were at least 2 ½ times stronger than the federal government’s current roof requirement standard.

Our Maryland motor vehicle crash lawyers are experienced in working on injury cases involving people hurt in rollover accidents. We understand the complex nature of investigating these kinds of motor vehicle crash cases and we have the experience and resources to successfully pursue your recovery.

U.S. DOT Doubles Roof Strength Standard for Light Vehicles, NHTSA, April 30, 2009
Roof strength is focus of new rating system; 4 of 12 small SUVs evaluated earn top marks, IIHS.org, March 24, 2009
Related Web Resources:

Roof Strength Rating, Status Report (PDF)

Risk of Pharmacy Errors Increases with Busier Pharmacist Workloads

April 28, 2009 | Lebowitz & Mzhen

US pharmacists filled 3.8 billion prescriptions in 2007. This increase in pharmacy prescriptions—up from 3.3 billion in 2002—means that pharmacists are busier than ever. According to pharmacy owner Paul Lofholm, his pharmacists can fill up to 100 prescriptions a shift.

According to SmartMoney, the busy workload is creating a number of downsides that can affect how well pharmacists do their jobs, which in turn can make them more prone to pharmacy errors. For instance:

1) Pharmacists are stressed out and working too much.
2) This makes them tired, which means they can’t always be 100% focused when doing their jobs.
3) They may have less time to provide counseling about each prescription.
4) They’re more likely to make mistakes. For example, in 2007, there were 433 complaints filed about prescription errors in California.

5) An increase in inventory may mean that pharmacists may not be fully informed about all of the medications that are now available. This can affect any counseling they can provide or prevent them from recognizing potentially dangerous side effects that can result.

Pharmacy errors can be grounds for Maryland personal injury claims or lawsuits if a customer gets injured, sick, or dies because the pharmacist filled the prescription with the wrong medication, neglected to advise the patient of adverse reactions and the patient got sick, or gave the wrong dosage of the right medication or the wrong medication to the a patient.

A 2007 CNN article recommended that patients take proactive steps to avoid becoming the victim of pharmacy mistakes, including:

• Try not to fill your prescription at the start of the month. Because Social Security checks come at the start of the month, more people come in to get their medications at this time. This means pharmacists are busier, which increases the chance of prescription mistakes.

• Open your prescription at the pharmacy and ask the pharmacist to double check that they gave you the correct medicine. If you think they made a mistake, voice your concerns.

10 Things Your Pharmacist Won’t Tell You, SmartMoney
Don’t be a victim of pharmacy errors, CNNHealth.com, October 30, 2007
Related Web Resource:
Inside a pharmacy where a fatal error occurred, USA Today, February 14, 2008

$19 Million Maryland Wrongful Death Lawsuit Filed by Victims of Deadly 2007 Bay Bridge Accident

April 27, 2009 | Lebowitz & Mzhen

The families of Randall Orff, his son Jonathan, and James Hewitt Ingle are suing the Maryland Transportation Authority, driver Stephen Adam Burt, trailer owner Levon Andonian, tractor-trailer driver Joshua Hargrove, Mobile Mini Inc, tractor-trailer driver Edwin Tixon, Ag Trucking Inc, and Travelers Property Casual Co of America for Maryland wrongful death.

The three victims died on May 10, 2007 when a trailer detached from an SUV driven by Burt. The trailer went in front of Orffs’ vehicle, and a seven-vehicle pileup ensued. No criminal charges were filed against Burt.

The $19 million wrongful death lawsuit accuses Burt of negligence because of the manner in which he operated his motor vehicle. It also contends that Andonian was negligent because he did not include a safety hitch pin when he constructed the trailer and accuses the two tractor trailers (and their employers) of negligence because they allegedly drove too fast under the driving conditions of the time and neglected to control their motor vehicles.

Paralysis Affects 1 in 50 Americans

April 24, 2009 | Lebowitz & Mzhen

According to a new survey, released by the Christopher and Dana Reeve Foundation, 5.6 million Americans have some sort of paralysis. That’s 1 in 50 Americans.

The survey was put together with input from over 30 experts in statistics and paralysis and conducted at over 33,000 households in the country. According to the report, One Degree of Separation: Paralysis and Spinal Cord Injury in the United States, findings included:

• 1.9% of the population in the US has been affected by paralysis.

Maryland Wrongful Death Settlement Reached Between Washington Adventist Hospital and Heart Patient Who Died While Trapped in Bathroom

April 21, 2009 | Lebowitz & Mzhen

In Maryland, the family of a heart patient who died while trapped in a hospital bathroom has reached a wrongful death settlement with Washington Adventist Hospital. Jose Valladares died in 2006.

He went to the bathroom in his room and locked the door. He experienced a cardiac event while using the toilet. The heart monitor he was using showed that his heart rate had decreased.

Hospital staffers in the area were unable to unlock the door immediately because they didn’t have a key. EMS workers and the Montgomery County Fire department broke down the door a number of minutes later but by then Valladares was already dead.