The plaintiff, age sixty-five, was undergoing treatment for peripheral neuropathy which was causing foot pain. The physician prescribed Leucovorin, which was intended to lessen the side effects the plaintiff was experiencing with his medication.

The defendant pharmacy, however, dispensed the drug Leukeran, which is usually prescribed to treat certain leukemias or malignant lymphomas. Leukeran can lead to the development of leukemia in a cancer-free individual.

The plaintiff took the drug for about eleven months, during which time he experienced severe flu-like symptoms and depression, leading him to retire from employment earlier than planned. The pharmacy’s error was discovered when the plaintiff changed providers for his prescription medications and was dispensed the correct medication. After alerting his prescribing physician of the error, the plaintiff was referred to an oncologist, who advised him of the potential of Leukeran to cause leukemia.

The plaintiff alleged negligence in dispensing the wrong drug and maintained that he had an increased risk for developing leukemia.

According to a Verdict Reporter, a $350,000 settlement was reached. 

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.