Pharmacy Double Filled Prescription, Never Caught Error, According To Suit.
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) (News App readers click here for full report) — A Boca Raton man is suing Publix, claiming that the pharmacy at its Powerline and Palmetto Park Road location, over-filled his lithium prescription. The man was allegedly hospitalized for lithium toxicity.
According to the suit, which you can read in its entirety below, Michael Dennis received a prescription for Lithium from Dr. Irl Extein on May 4th, 2020. The prescription — it’s unclear whether it was called-in or hand delivered — was for 90 Lithium 600MG pills with one in the morning and two at bedtime. It was filled on May 4th.
On May 5th, the same Publix received a second prescription from the same doctor for the same patient, but this time it was 90 Lithium pills at 300MG with one in the morning and two at bedtime.
Publix, according to the suit, never flagged the double prescription.
“As a result of the negligence of Defendant Publix,” states the suit, “the Plaintiff, Michael Dennis, was admitted to the hospital on July 5th, 2020, with severe Lithium toxicity. As a result of the alleged negligence, the Plaintiff, Michael Dennis, suffers from severe and permanent neurological damages.”
Attorneys representing Dennis say Publix failed on multiple fronts, including: failure to properly review Mr. Dennis’ history on file; failure to recognize an obvious error in the prescriptions that it filled for Mr. Dennis, which resulted in his being over-prescribed Lithium; failure to exercise due care to correct any and all errors that a reasonably prudent Pharmacist would have realized in filling Mr. Dennis’ prescriptions.”
Also alleges the suit: The pharmacy “failed to contact Mr. Dennis’ physician who prescribed Lithium to determine if it was appropriate for Mr. Dennis to be taking two different Lithium prescriptions simultaneously; failure to exercise due care to warn or advise Mr. Dennis that Lithium should be used with caution; failure to reasonably and properly hire competition agents, apparent agents, servants and employees and/or contractors; failure to reasonably and properly train competent agents, apparent agents, servants employees and/or contractors; failure to reasonably supervise its agents, apparent agents, servants employees and/or contractors; and failure to otherwise exercise the degree of care and caution which reasonable pharmacies and/or pharmacists would have exercised under the same or similar circumstances.”
As a result of Publix overfilling Lithium, the suit claims that Mr. Dennis “has in the past and will in the future undergo extensive medical care and treatment… suffered and will in the future suffer severe emotional distress, great pain and anguish of the body and mind, and loss of capacity for the enjoyment of life, all of which conditions are permanent in nature.”
The suit seeks in excess of $30,000, the statutory minimum. The Publix address is 7060 West Palmetto Park Blvd. in Boca Raton.
Read the suit below. If you are reading in a news app and it does not appear, just click here for full access. Mr. Dennis is represented by Attorney Peter Spillis of Kelley Uustal in Fort Lauderdale.Publix-Lithium
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