Joseph and Kerry Ernst v. “Local St. Louis Pharmacy”
A pharmacy customer received a $565,000 Settlement in a drug overdose caused by pharmacy error. The pharmacist’s dosage instruction was nine times greater than what doctor prescribed
A man who suffered liver, spleen and lung damage after ingesting nine times more medication than what his doctor ordered has settled his lawsuit against the pharmacy that gave him the incorrect dosage instructions.
On August 31, 2004, Dr. Sanjay Bhat prescribed the drug Mercaptopurine to Joseph Ernst, 26, for treatment of Crohn’s disease. The dosage Bhat ordered was 50 milligrams daily for 30 days. Ernst filled his prescription the same day at a local St. Louis pharmacy. The pharmacist dispensed 270 tablets of Mercaptopurine, each tablet containing 50 milligrams of the medication. The label on the drug bottle dispensed by the pharmacist instructed Ernst to take one tablet nine times a day for 30 days. Therefore, instead of taking 50 milligrams of Mercaptopurine a day, Ernst ingested 450 milligrams of the drug each day.
On September 23, 2004, Ernst was examined by Dr. Bhat. Ernst complained of abdominal pain, blood in his stools, and a rash on his skin and in his mouth. Dr. Bhat suspected Mercaptopurine poisoning and admitted Ernst to St. Anthony’s Medical Center for treatment. Ernst was subsequently transferred to Barnes Hospital.
On September 24, 2004, the pharmacy manager admitted to Dr. Bhat that the dispensing pharmacist misread the prescription. The original prescription was “50 mg PO q daily” — 50 milligrams daily for 30 days. The pharmacist interpreted the prescription as “50 mg PO 9 daily” — 50 milligrams nine times a day for 30 days.
Paul J. Passanante, the St. Louis lawyer who represented Ernst, said, “The pharmacist instructed Mr. Ernst to ingest a deadly amount of Mercaptopurine. The fact is that 450 milligrams is never a safe dosage, but the pharmacist didn’t call the doctor to verify the correct dosage amount nor did he warn Mr. Ernst that the dosage was potentially lethal.”
The plaintiff’s expert would have testified that 450 milligrams of Mercaptopurine is never a safe dosage under any circumstances.
Because of the overdose, Ernst was hospitalized for 39 days. The Mercaptopurine toxicity caused extreme immune suppression which led to infections and damage to his lungs, spleen and liver. In addition, lesions formed on his face and tongue. Ernst also sought medical treatment for anxiety and depression that sprang from his injuries. He now faces a risk of future liver damage.
Ernst sued the pharmacy in the Circuit Court of the City of St. Louis alleging it breached its duty to fill the prescription as ordered. Ernst also alleged the pharmacy was negligent because it did not verify the prescription order; it did not warn Ernst of the risks associated with the high dosage, and it should have refused to fill the order. Ernst’s wife also sued the pharmacy for loss of consortium.
As a result of the overdose, Ernst incurred approximately $300,000 in medical bills. Ernst, who earned $35,000 per year as an accountant, missed over a month of work.
Ernst did not name Dr. Bhat as a defendant. During the course of the litigation, the defendant pharmacy filed a third-party action against Dr. Bhat.
During a mediation on August 9, 2006 Ernst settled the claims against the pharmacy for $565,000.00. Under the terms of the settlement, the identity of the pharmacy is confidential.
Circuit Court of the City of St. Louis
State of Missouri
Type of Action:
Personal injury, negligence, loss of consortium
Type of Injuries:
Lung, spleen and liver damage; immune suppression; neutropenia; pancytopenia; oral blisters; an anal fissure; an aceniform rash in the face, nose, back and shoulders; persistent high fevers; pneumonia, mucositis on the mouth and throat; thrust; lesions on the tongue; skin infections; and high risk for future liver damage.
Caption:
Joseph and Kerry Ernst v. “Local St. Louis Pharmacy”
Jury, Judge or ADR:
Mediation
Mediator:
Henry Menghini
Amount:
$565,000
Damages:
$300,000 medical expenses, $10,000 in incidental damages, and lost wages for husband and wife.
Attorney for Plaintiff:
Paul J. Passanante: Simon Passanante, P.C.,
