Pharmacy says woman's suit alleging too much dosage should be dismissed

By Christina Stueve Hodges | Jun 6, 2013

A Mascoutah pharmacy being sued for allegedly prescribing too much dosage in a medication for one of its customers claims the lawsuit is insufficient as a matter of law and must be dismissed.

The mother of a minor girl claims her daughter faced a life-threatening condition after a pharmacist allegedly filled a prescription for quadruple the amount of medication needed.

Brandy Pickell and Monty Pickell filed the suit April 1, in St. Clair County Circuit Court against Evers Pharmacy, doing business as Dauber Pharmacy, and Jessi Weber.

Evers Pharmacy and Weber filed a motion to dismiss the plaintiff’s complaint on May 6.

According to the motion, under Illinois law, plaintiffs asserting a case of healing art malpractice, including pharmacy negligence, must attach to the complaint an affidavit from his or her attorney reflecting he has discussed the case with an expert in the field who has determined, after a review of the records, a meritorious cause of action.

State law provides that any complaint failing to comply with the statute must be dismissed.

“Defendants Evers Pharmacy, doing business as Dauber Pharmacy, and Jessi Weber, respectfully requests this Court to enter its order dismissing plaintiffs’ complaint, along with such other and further relief as the Court deems just and proper under the circumstances," the motion states.

In their complaint, the Pickells allege they visited Dauber Pharmacy to pick up a prescription of Dapsone for their minor daughter July 23. The child was prescribed 25 milligram tablets of the medication, but Weber filled the prescription for 100 milligram tablets, the suit states.

The Pickells did not realize the pharmacist’s mistake until after the girl took two tablets of the 100 milligram drug daily for a week, the complaint says. She developed life threatening complications from a blood disorder in which an abnormal amount of hemoglobin is produced, the plaintiffs claim.

The Pickells blame Dauber Pharmacy and Weber for causing Aliana Pickell’s injuries, saying they failed to recognize a daily dosage of 200 milligrams would be harmful, if not fatal, for an adolescent female; failed to examine the medication to determine the proper dosage was being transferred to the Pickells; and failed to follow the pharmacy’s standard policy and procedure for accurately filling Aliana Pickell’s prescription.

The Pickells are seeking a judgment of more than $50,000.

Rhonda D. Fiss of Belleville represent the Pickells.

Kenneth M. Burke of Brown & James in Belleville represents the defense.

The case is assigned to St. Clair County Circuit Judge Vincent Lopinot.

St. Clair County Circuit Court case number: 13-L-169.

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