The plaintiff, age six, was on a prescription for bipolar disorder. In June 2006, a pharmacist misfilled a prescription for Equetro capsules. The prescription was for 100 milligram pills, but it was filled with 300 milligram capsules. The bottle was labeled as 100 milligram capsules with the same prescription instructions for two capsules in the morning and four capsules at bedtime.

This caused the plaintiff to be given an adult dose of the medication. On the morning after the first day the plaintiff could not be awakened. When he did become somewhat aroused, he began convulsing. He quit breathing and turned blue. He was rushed to an emergency room. Poison Control was contacted and the pharmacy was called to try to verify the dosage. The hospital then discovered that there were 300 milligram pills in the bottle.

The child was transferred to a children’s hospital. He was discharged three days later. No lasting effects of the overdose were ever diagnosed.

Accord in to a Reporter a confidential settlement was reached.