Last year, a pregnant woman was prescribed the prenatal vitamin Materna by her doctor. According to a federal lawsuit she later filed, Walgreen’s gave her Matulane, a drug used in combination with other chemotherapy drugs, and one that hinders cell growth. The lawsuit claims she miscarried two months later after weeks of various symptoms, including lightheadedness, nausea, chills, vomiting and more. The suit further claims that the miscarriage was a direct result of Walgreen’s’ negligence, and she and her husband sought damages of $75,000.
The Question of Blame
While cases of pharmacies prescribing the wrong medication pop up here and there, the question of who is to blame and why did it happen is never far behind. First of all, why was this error made? Sure, Materna and Matulane both begin with the same three letters, but how could someone mistake a prenatal vitamin for an anticancer medication? And is there any sort of fail-safe in case this happens? Is one person behind the counter at the pharmacy and are they so busy they rush through the order? Can’t they read the doctor’s penmanship? Is this a case of medical malpractice? There are literally dozens of hypothetical questions one can ask. Still, who is to blame?
For better or worse, we put our trust in the hands of pharmacists and pharmacies across the country. We assume they’ll be able to fill the prescriptions we need correctly – and perhaps this assumption is our fault. However, when one of them makes a truly horrible mistake like Walgreen’s did, we cast about looking, not only for answers, but blame and justice.
This is Where the Lawyers Come In
Lawyers are there to serve their clients and help guide them through the often confusing aspects of the law. The Walgreen’s lawsuit was settled confidentially. Thus, only those involved know the outcome and where any blame was assigned – or even if blame was assigned. And yet….
How and Why is the Settlement Any of Our Business?
Well, for starters, it’s probably in the interest of safety to find out if this was just one tragic mistake, or if there is a pattern. Most big stores have a pharmacy, and with scores or hundreds of Walgreen’s across the country, the chances that a mistake here and there becoming a pattern increase.
Another reason these settlements should perhaps be transparent is that it looks like the law is protecting the big-box stores over the safety of the public. Yet, there is always the issue of the payment of damages, and if the idea is simply to embarrass some of the nation’s biggest retailers, then there are other ways of going about this. Publicity is always important, especially when the big stores insist on being portrayed in a positive light. There is a contract that will come up and we must abide by this contract, even if it means the case is shrouded in secrecy.
Public Knowledge of Pharmacy Errors Vs. Protection of Big-Box Store Reputations
I suppose it’s up to the law. I suppose that some people have a flicker of national pride that our pharmacies are much better than, say, Chinese toy factories will ever be. However, as a consumer, you have the right to get the proper prescriptions without having to worry about mistakes that might harm or kill you or your family.
If something like this happens to you, you have legal recourse. By contacting an experienced injury lawyer, you can get good advice on how to best pursue damages. Don’t let the fact that you’re up against giants deter you from pursuing justice.
