Professional Negligence Law Reporter
Case in Point
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Misfilled prescription
February 23, 2021Annette Mineo, 55, received a mail-order prescription for the thyroid medication liothyronine from Rock Valley Compounding Pharmacy. After taking the medication, she became violently ill and was hospitalized in a near-comatose state. It was then discovered that the pharmacy had refilled the prescription with a 10-milligram dose instead of the prescribed 10-microgram dose. Mineo required inpatient rehabilitation and ongoing therapy for physical, mental, and cognitive deficits. She also has been diagnosed as having post-traumatic stress and anxiety. An executive assistant earning $75,000 annually, she has been unable to return to work.
Mineo sued the pharmacy, alleging it negligently filled the prescription and failed to follow safety and labeling precautions. The plaintiff asserted that the overdose had overwhelmed her body and led to encephalopathy and delirium.
Before trial, the plaintiff filed a successful motion for summary judgment on liability. The case proceeded to a bench trial on causation and damages.
The court awarded approximately $3.04 million.
Citation: Mineo v. Rock Valley Compounding Pharm., No. 2019 L 3553 (Ill. Cir. Ct. Cook Cty. Jan. 15, 2021).
Plaintiff counsel: AAJ members Bradley Z. Schulman and Dominic C. LoVerde, both of Chicago.
Plaintiff experts: Henry Conroe, psychiatry, and David Gibson, vocational assessment, both of Chicago; and Philip Levin, endocrinology, Baltimore.
Defense experts: Justin O’Rourke, neuropsychology, San Antonio; Thomas Grzesik, vocational rehabilitation, Schererville, Ind.; and Jennifer McNulty, economics, Pasadena, Calif.