St. Clair Circuit Judge Vincent Lopinot has denied a defense motion to dismiss a case against a Mascoutah pharmacy that allegedly quadrupled a dosage prescribed to a minor.
Plaintiffs Brandy Pickell and Monty Pickell demanded a jury in the lawsuit claiming their daughter Aliana Pickell faced a life-threatening condition as a result of the dosage dispensed by the pharmacist.
The suit was filed April 1 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, claiming the lawsuit is insufficient as a matter of law.
The motion to dismiss was denied on Aug. 13.
According to the motion to dismiss, 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 confirms 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 stated.
In response, the Pickells filed a motion for an extension of time to amend the complaint and add their attorney’s affidavit and certification on June 20, which was granted on Aug. 13.
The defendants were given 30 days to file responsive pleadings.
The Pickells allege they visited Dauber Pharmacy to pick up a prescription of Dapsone on July 23. The child was prescribed 25 milligram tablets of the medication, but Weber filled the prescription for 100 milligram tablets, according to the complaint.
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 suit states. She allegedly developed life threatening complications from a blood disorder in which an abnormal amount of hemoglobin is produced.
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 seek a judgment of more than $50,000.
Lopinot has scheduled a status conference for Nov. 25 at 9 a.m.
Rhonda D. Fiss of Belleville represent the Pickells.
Kenneth M. Burke of Brown & James in Belleville represents the defense.
St. Clair County Circuit Court case number 13-L-169