Professional Negligence Law Reporter

Doe, 90, suffered from Alzheimer’s disease, for which she took a 2.5 mg-dose of Zyprexa. When she was transported to a hospital for treatment of atrial fibrillation and other problems, her assisted living facility allegedly sent a medication list stating that her Zyprexa dose was 12.5 mg twice per day. While receiving the increased dose over the next six days, Doe became dysphagic and developed aspiration pneumonia. A physician later identified the medication error; however, Doe developed an upper GI bleed, congestive heart failure, and pulmonary edema. She died approximately 10 days after the medication error was discovered. She is survived by her family.

Suit against the assisted living facility alleged that the failure to administer the correct dose of the Zyprexa led to metabolic encephalopathy, dysphagia, and the inability to take oral cardiac medications. Had Doe received the correct dose, the plaintiff argued, she would not have suffered a premature and preventable death. The defense argued that Doe’s death resulted from her significant underlying conditions and advanced age.

The parties settled for $1 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Mass. Confidential Ct. July 14, 2021).

Plaintiff counsel: AAJ member Andrew C. Meyer and Nicholas Cappiello, both of Boston.