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March 2010 Legal Case Study

Blind Man Dispensed 50 Microgram Fentanyl Patches, instead of the Prescribed 25 Microgram Patches - Overdose Blamed for Worsening of Sleep Apnea - $200,000 Settlement.

The plaintiff, who is blind and uses a seeing-eye dog, brought a prescription for two boxes of 25 microgram Fentanyl patches to the defendant pharmacy.

The pharmacy dispensed the plaintiff two boxes of 50 microgram Fentanyl patches.
The plaintiff was unable to detect the dosage error before using the medication. The plaintiff applied the narcotic patches over the course of a week as prescribed and suffered a debilitating overdose.
In addition to extreme discomfort, confusion, nausea and lethargy, the overdose caused permanent worsening of the plaintiffs sleep apnea, necessitating numerous sleep studies and supplemental oxygen therapy during sleep.
The pharmacy admitted the error, but disputed the damages.
A $200,000 settlement was reached, according to a published account.
 

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