Baby Doe v. Pharmacy

Milfilled Prescription Causes Serious Damage to Newborn Baby: The Medication Was Designated “High Alert,” Requiring Extreme Caution

In April 2011, twins were born at a local hospital. Their mom and dad were thrilled with their beautiful newborn girls. An examination shortly after birth revealed that one of the twins had been born with a congenital heart condition. The doctor prescribed a medication to help her heart function properly. The local pharmacy, however, misfilled the prescription, giving the newborn baby more than ten times the prescribed dosage. The Incorrect medication was administered for a week, causing the baby to become violently ill. When the baby stopped breathing, the mother rushed her to the hospital where she was diagnosed with toxicity at a lethal level, a direct result of the misfilled prescription. The baby’s intestines had become twisted and it was necessary to surgically remove 75% of her small Intestines. She was In the hospital’s Intensive care unit for almost two weeks.

The medication prescribed for the baby was designated a “high alert medication,” meaning that pharmacies must use extreme caution when filling a prescription because of its potential to cause serious and deadly problems, especially for newborn Infants. As a result of the misfiled prescription, the baby suffers a short bowel syndrome and is very weak in her legs, neck, and torso. The damage caused by the error has resulted in the decline of the baby’s physical and mental development, substantially below the growth and development of her twin sister.

The parents sought representation by Murray Guari attorneys Scott Murray and Jason Guari to hold the pharmacy accountable for the grievous Injury suffered by their daughter because of its failure to properly and safely provide the medication. Prior to filing a lawsuit, the attorneys resolved the case for a substantial amount of money. The settlement will provide care for the child for the rest of her life.

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