Professional Negligence Law Reporter

Sylvia Shearin, who was in her late 90s and suffered from various health problems, including atrial fibrillation, took 1 mg of warfarin each day and 1.5 mg on Sunday. Without seeing Shearin, her treating cardiologist, Nicolaos Abariotis, changed her warfarin prescription to 3 mg per day and 4.5 mg on Sunday. The physician did not notify Shearin or her family that he was making the change.

After taking the increased dosage for approximately 19 days, Shearin was hospitalized for treatment of a warfarin overdose. She required rehabilitation and developed additional health problems, including pneumonia and acalculous cholecystitis. As a result, she was hospitalized numerous times and was unable to continue living independently until her death at age 100.

Shearin’s estate sued Abariotis and his purported agent, Dev Medical Associates, alleging negligent prescription of the increased dosage. Suit also named Walgreens Boots Alliance, Inc., and Walgreen Co., alleging failure to follow proper protocols, including notifying one of Shearin’s daughters of the change in the prescription.

The plaintiff settled with the pharmacy defendants before trial for approximately $27,000. The jury awarded over $1.36 million. Posttrial motions are pending.

Citation: Bajgrowicz v. Dev Med. Assocs., S.C., No. 17 L 7501 (Ill. Cir. Ct. Cook Cty. Mar. 10, 2022).

Plaintiff counsel: AAJ members Colleen Mixan Mikaitis, Jonathan Treshansky, and Cameron Tober, all of Chicago.