$200,000 Settlement for Patient Dispensed Wrong Medication in Essex County

Clark Law Firm P.C. obtained a settlement for a patient who was in essence poisoned when her pharmacy dispensed her the wrong medication. The woman was represented by attorney Mark W. Morris, Esq. of the Clark Law Firm P.C.

In the summer of 2016, the 28-year-old woman’s doctor prescribed Zoloft, an anti-depressant medication. This medication was prescribed as a replacement for the anti-depressant medication she was already taking. The woman was hoping to transition off of anti-depressants and switching to Zoloft was intended to smooth this transition.

On June 23, 2016, the woman went to her local pharmacy to have her prescription filled. In processing the prescription, the pharmacy dispensed the wrong medication to her. Instead of giving her the Zoloft she was prescribed, the pharmacy gave her the medication Seroquel, which is an anti-psychotic medication. The woman was already on an anti-psychotic medication at the time.

It was not clear from the label on the prescription bottle the wrong medication had been dispensed. The woman trusted her pharmacists to do their job and dispense the correct medication and unknowingly took the wrong medication for approximately two weeks.

The doubling up on anti-psychotic medication and an immediate withdrawal from an anti-depressant caused her to experience major side effects associated with the use of two anti-psychotic medications at the same time. She also essentially stopped taking her anti-depressant medication cold turkey and suffered from withdrawal symptoms.

Upon realizing she had taken the incorrect medication; the woman went to the hospital in Newark where she was diagnosed with neuroleptic malignant syndrome and began experiencing physical and neurological issues and the re-activating of long-dormant psychiatric issues relating to childhood trauma.

The woman also experienced dizziness, confusion, nausea, muscle soreness, and tightness and developed a rash. These symptoms resolved over time but took a toll on her. A complaint was filed in June of 2018 in Essex County. Following lengthy litigation, the parties agreed to mediate the matter with the Honorable Kenneth J. Grispin, J.S.C. (Ret.). Docket No.: ESX-L-004230-18.

Shortly following mediation, the matter was resolved for $200,000. “Pharmacists are trusted by their patients to dispense the correct medication. When they fail to do so, this endangers patients, many of whom are elderly, or suffering with some ailment they trust their pharmacist to help them with,” said the client’s lawyer, Mark W. Morris. “When pharmacists fail to follow the standard of care in their field, patients like our client in this case are put at risk and can suffer severe and potentially deadly consequences.”

If you need legal assistance, contact Clark Law Firm P.C. at 1-877-841-8855.