Lansing Personal Injury Lawyer - Pharmacist

Connecticut AG Announces Suit Against CVS for Selling Expired Products

David Mittleman — Thu, 03 Dec 2009 10:00:00 GMT

New York Attorney General, Andrew Cuomo, recently sued and successfully settled with CVS for $875,000 after discovering that the pharmaceutical company was selling expired products at 60% of its New York stores. Now Connecticut Attorney General, Richard Blumenthal is following in a similar vein.

According to a statement from AG Blumenthal, his office is suing a unit of CVS Caremark Corp. for selling expired over-the-counter drugs and products in its stores in Connecticut. Specifically, according to his statement, investigators from his office found expired food, beverages, as well as the expired over-the-counter medications. In total, the expired merchandise was on sale in 20 or more CVS stores between 2008 and 2009.

A CVS spokeswoman claims that the company only became aware of a problem after it received notice of the suit from AG Blumenthal’s announcement on Monday. Nevertheless, the company maintains that the health and safety of its customers is its top priority and is committed to maintaining proper inventory management to ensure that expired products don’t sit on store shelves. However, the Connecticut branches may still face a similar fate to that of their New York counterparts.

Originally posted at InjuryBoard by David Mittleman

Dangerous Prescription Errors Far Too Common

David Mittleman — Sat, 07 Nov 2009 10:29:00 GMT

Each year, over 3 billion prescriptions are dispensed in the United States. Patients depend on these medications for their well-being, and it is important that the dispensing pharmacy accurately fill each prescription with the correct drug and dosage. In addition, pharmacists and pharmacy technicians are under enormous pressure to keep costs low by filling high volumes of prescriptions quickly.

All of this adds up to a shockingly high risk for injury as a result of pharmacy error. A recent investigation into prescription error identified several potential pitfalls:

The pharmacy dispenses a drug other than that which was prescribed
The pharmacy fails to identify a potentially dangerous drug interaction
A pharmacist fails to counsel the patient about the drug
The dosage is incorrectly provided on the label

These are just four possible types of pharmacy error. While some errors may not result in any harm to the patient, those that do injure the patient present a very serious safety concern. According to some studies, perhaps as many as one in ten prescriptions result in a significant adverse outcome. By taking an active role in your health care and asking questions of your doctor and pharmacist, you may be able to avoid becoming a victim of pharmacy error.

Sometimes, even in spite of your best efforts, a pharmacy may make a mistake that causes you injury. The attorneys at our firm handle pharmacy negligence cases regularly and we may be able to help hold the pharmacy accountable for their actions. In doing so, we can help compensate you and help prevent such an error from happening again.

Originally posted at InjuryBoard by David Mittleman

Hospital Pharmacies Crucial to Patient Safety

David Mittleman — Wed, 08 Jul 2009 07:43:00 GMT

When we think of hospital workers, we often think of physicians, nurses, nursing assistants, and technicians. These are the people we see face-to-face during a stay in the hospital, and each of them has an important role when it comes to patient safety. Some of the most important providers, however, are the employees of the hospital pharmacy, who are rarely seen by patients.

Pharmacy malpractice can be devastating, and it is surprisingly prevalent. Recent events have underscored the dangers inherent in dispensing powerful medications. Even seemingly small mistakes can lead to tragic outcomes resulting from avoidable complications or combinations of drugs. Unfortunately, hospital patients are even more vulnerable to pharmacy errors because they rarely know the medications they are receiving and they have fewer opportunities to ask questions of their pharmacist. This contributes to the potential for miscommunication among the doctors, nurses, and pharmacists involved in the patient’s care. For example, I am currently handling a case in which a clot-buster drug was administered through the incorrect IV line. The patient did not receive the full benefit of the drug, and she consequently lost her leg. This horrific injury could have been avoided had the pharmacist and/or the nurse approached the ordering physician with their concerns about the drug’s compatibility with other ongoing treatments.

Many hospital pharmacies are adapting new technologies that will hopefully avert mistakes like these. In addition, hospital pharmacists have sought to embrace a larger role in patient care, along with more accountability. While it is unlikely that pharmacy malpractice will ever become a thing of the past, let’s hope the increased attention to the issue will result in better outcomes for patients.

Originally posted at InjuryBoard by David Mittleman

Department of Justice Cracks Down on Insurance Fraud

David Mittleman — Fri, 26 Jun 2009 17:34:25 GMT

The U.S. Department of Justice has announced that the former managing pharmacist of a New Jersey pharmacy has pleaded guilty to submitting fraudulent claims to health insurers. Ruben Aguilar admitted to conspiring with others to submit claims for prescriptions that the pharmacy never dispensed over a five-year period spanning from 2002 to 2007. Aguilar could serve up to five years in prison and be forced to pay a hefty fine.

Among the many insurers that fell victim to the fraud was the federal Medicaid program, which insures low-income individuals in conjunction with certain state Medicaid programs. Medicaid and Medicare, which insures those over 65 years old and certain other qualifying individuals, are frequent targets of attempted fraud. The Department of Justice has partnered with the U.S. Department of Health and Human Services to prevent waste and abuse in the system. The goal is to keep the cost of these federal programs down, thus saving money and improving the quality of services provided.

Aguilar’s plea came on the same day as a major health care fraud sting operation resulted in the arrests of 53 individuals, including doctors, executives, and beneficiaries, in the Detroit area. In addition, eight Miami-area residents were arrested today on similar charges.

These recent arrests are a clear indication of the administration’s aggressive policy of attacking Medicaid and Medicare fraud. If you become aware of fraudulent activity, you can report it by e-mailing HHSTips@oig.hhs.gov or by calling 1-800-HHS-TIPS.

Originally posted at InjuryBoard by David Mittleman

Modern Compounding Pharmacy

David Mittleman — Tue, 31 Mar 2009 08:45:29 GMT

A Compounding Pharmacy is a branch of pharmacy that tailors drugs and prescription medication to meet the specific needs of individuals. As compared against traditional pharmacists who simply dispense pre-packaged manufactured medications based on physician requests, compounding pharmacists cater to the needs or likes of individuals by mixing, adding, or altering certain ingredients. Done under special sanitary hoods, compounding pharmacists can alter the dosage amount, dosage form, cut out certain allergens, add flavors, or create drugs that have been discontinued by pharmaceutical manufacturers due to low profits. This type of pharmacy has proved particularly successful in sports medicine, pain management, veterinary medicine, hospice care, and most recently, hormone replacement therapy.

Interestingly, pharmacies in America began with compounding methods and continued until the mid-1900s when large drug manufacturers changed the practice by creating cheaper, mass produced products. Despite the modern prevalence of drug companies, small numbers of compounding pharmacists still exist to create drugs for patients requiring unique circumstances. In East Lansing, Michigan (pdf), Dr. Sam Alawieh runs University Compounding Center (UCC), a specialized facility focusing on this type of pharmacy. In particular, the druggists at UCC are responsible for mixing medications for a variety of individualized reasons, but cater to people who need or want customized hormone replacement therapy. Some of the recent formulations created by the UCC include:

Customized Hormone Replacement Creams applied to the skin as opposed to orally
Oral Time-released Capsules which are released into the body over a longer period of time to extend the hormone
Sublingual Drops or Troches which are used in cases where the patient has difficulty absorbing creams through the skin, stomach, or liver
Cream Pumps or Syringes
Combination Hormones in creams or capsules

Compounded pharmacy is a beneficial alternative to traditional pharmacy because it enhances patient treatment. The ability to cater to an individual’s special, specific needs provides greater care and attention. However, as with any drug, there are risks associated with using a compound formula and you should talk to your physician about whether compounding is right for your specific needs.

Originally posted at InjuryBoard by David Mittleman

Three Patients Die From Prescription Drug Overdoses

David Mittleman — Sun, 09 Nov 2008 09:51:00 GMT

A Nevada doctor who has had three patients die from prescription drug overdoses, is still allowed to prescribe narcotics. Investigation by the Nevada State Medical Examiners Board is in the process of being conducted, but during this process the doctor will still be allowed to see patients and write prescriptions.

Four independent medical doctors have reviewed the files of the three patients who have died and have contributed their death to their prescription drugs. The Nevada doctor has also admitted in a sworn deposition that he did not perform a physical examination on one of the patients who overdosed and died. Instead, he admitted to giving her large quantities of drugs because she "asked for them."

Since this investigation, a dozen more complaints have been logged with various agencies. In one such case, a patient and self-described drug addict, was prescribed narcotics with no questions asked and no examinations required. In more than two years the patient has filled prescriptions for 13,760 narcotic pain pills, an average of 510 a month.

The Nevada doctor is not solely to blame, the pharmacy who filled the prescriptions could have been more proactive. Pharmacists are allowed to deny a prescription if they think it’s fraudulent, if they think it’s going to hurt the patient, or if there’s no legitimate medical purpose for the drugs. This puts pharmacists in a tough position to second guess a doctors judgement, but when a patient is filled narcotic prescriptions for 1,020, 1,020, and 1,170 pills in a three month span, something is wrong.

Nevada’s medical regulatory system has to be entirely reformed. The Nevada doctor’s behavior may have never been brought to light if not for a Drug Enforcement Agency (DEA) drug consumption analysis in July 2008. Nevadans rank No. 1 nationally in per capita consumption of Lortab/Vicodin, and 4^th for consumption of methadone, morphine, and OxyContin. Since the DEA’s report, the Nevada medical community is finally taking action, and trying to put a stop to doctors who prescribe narcotics for the wrong reasons.

Originally posted at InjuryBoard by David Mittleman

5 Ways to Save on Medical Costs

David Mittleman — Sun, 26 Oct 2008 08:44:00 GMT

Americans are struggling to pay medical bills and are accumulating medical debt at an increasing rate. The government projects that in less than a decade, Americans will spend 20% of their annual income on health care. While this year’s Presidential candidates have frequently debated on how they’re planning to fix our broken health care system, the odds of any real change happening are slim to none. In the meantime, we are left to figure out how to reduce medical costs while maintaining medical quality. Surprisingly, there are quite a few things that we can do to slash these costs.

#1: Get Prescription drugs at a big discount - both Walmart and Target have expanded their drug discount programs. You can now get a 90-day supply of many medications for just $10, and over-the-counter medications for $4. You should also check with your supermarket’s pharmacy, because many stores are jumping into the drug discount fray to compete for business.

#2: Ask for free samples - doctors’ offices are usually filled with free samples from pharmaceutical companies and they will gladly hand them over if you just ask. Not only will this save you money, it will also be a great way to try out a medication before you spend money on having a whole prescription filled.

#3: Use generic drugs - you can save as much as 52% by using generic drug over a brand name. These drugs might look different because of certain inactive ingredients, such as colors and flavorings, but these ingredients do not affect the performance or safety of the generic drug. Keep in mind that the FDA makes it tough to become a generic drug in American, so why pay more for a brand name one?

#4: Get free care at clinical trials - although there is no guarantee that the experimental treatment will work for you, it can certainly save you a ton of money because most costs are taken care of - and you might even get paid to participate.

#5: Buy medical equipment and supplies yourself - you might come in need of a medical device or equipment, like crutches or a foot brace. If your insurance covers 100% of the expense, then you have nothing to worry about. However, if it’s not covered, you can save up to 25% or more buying these products through a local medical equipment dealer or online.

Always be an advocate for yourself or have someone else, ask questions and use the internet as a source for checking what your doctors and pharmacists are prescribing, dispensing and recommending.

Originally posted at InjuryBoard by David Mittleman

Vitamin D Dosage Doubled by Doctors

David Mittleman — Thu, 23 Oct 2008 09:23:00 GMT

The American Academy of Pediatrics (AAP) recently doubled the recommended daily amount of Vitamin D in infants, children and teenagers with hopes of preventing serious diseases. The vitamin has been linked to a wide variety of health benefits including prevention of bone disease such as rickets, osteopenia, and osteoporosis, along with autoimmune disorders, and may play a role in diabetes and certain cancers. The recommenced daily dosage has doubled from 200 IU/ day to 400 IU/day.

Frank Greer of the AAP, who announced the new recommendation, noted the importance of supplementation stating, "Supplementation is important because most children will not get enough vitamin D through diet alone." This goes for new moms breast-feeding as well. Breast milk does not contain any of the vitamin but infant formula does, so those babies on formula should not need a supplement. Dietary sources of vitamin D are limited; it is found naturally in oily fish such as tuna, salmon, and mackerel, and small amounts in cheese and eggs. One of the most common sources for children is vitamin D-fortified milk, but if they are not drinking at least a quart a day (4 cups), children need a supplement. However, it is important not to give your child too much vitamin D as well, which could cause serious complications.

The human body also absorbs the vitamin from the sunlight. However, with the fear of skin cancers and the use of strong sun screens on the rise in recent decades, sun screen prevents the body from being able to make the vitamin. Fifteen minutes a day is typically enough time spend in the sun to absorb the vitamin, but as winter months approach, that can be difficult for people living in colder climates.

Speak to your doctor or pharmacist to ensure that you and your family are getting the recommended dosage of vitamin D.

Originally posted at InjuryBoard by David Mittleman

Prescription Drug Dispensing Errors - How To Avoid Pharmacy/Pharmacist Mistakes

David Mittleman — Wed, 22 Oct 2008 09:24:00 GMT

According to the Journal of The American Medical Association (JAMA) a report published 10 years ago, found that prescription drugs killed over 100,000 people in our country each year. That is 3 times as many as are killed by automobiles - making prescription drug death the 4^th leading killer after heart disease, cancer, and stroke.

In a more recent study, 50 pharmacies in 6 cities throughout the US were evaluated on their dispensing accuracy rate. The study found an overall accuracy rate of 98.3%. That’s 77 errors per 4,481 prescriptions. The authors of the study concluded that prescription dispensing mistakes occur at a rate of 4 errors per day in a pharmacy filling 250 prescriptions a day. If you do the math - with over 3 billion prescriptions being filled annually - there are over 50 million prescription errors.

How to reduce the Risk:

Ask Questions (Doctor/Pharmacist)
Take your time
Check the name of the medication
Check the dosage
Check the directions
Ask about drug interaction
Ask about side effects
Don't be in a hurry

If you or a loved one is a victim of pharmacy/pharmacits error that caused a serious injury, contact us to see if we can help.

Originally posted at InjuryBoard by David Mittleman

Michigan Prescription Drug Information

David Mittleman — Mon, 20 Oct 2008 09:38:00 GMT

The Michigan Department of Community Health has recently established an excellent site for comparing prescription drug prices and providing some excellent information and safety warnings – michigandrugprices.com

Staying safe and avoiding most drug accidents and drug injuries happens by taking active steps every time a prescription or over-the-counter medication is considered. The most effective way to avoid drug injuries is by taking the time to talk to your doctor and pharmacist. Before beginning any new prescription drug therapy, discuss all your current medications and use an updated list every time. While price considerations are important, using the same pharmacy can help keep you safer by avoiding drug interactions. When possible, stick with already proven older drugs and try to avoiding newer and unproven "me, too" drugs.

Another important link – FDA Drug Index can be informative – but I like The Public Citizen’s web site which provides a large collection of consumer interest information to the public. Public citizen has its own speciality website – worst pills – that deals specifically with bad drugs and current drug news.

Originally posted at InjuryBoard by David Mittleman