Michigan Personal Injury Blog - Pharmacy

Connecticut AG Announces Suit Against CVS for Selling Expired Products

David Mittleman — Thu, 03 Dec 2009 10:00:00 GMT

New York Attorney General, Andrew Cuomo, recently sued and successfully settled with CVS for $875,000 after discovering that the pharmaceutical company was selling expired products at 60% of its New York stores. Now Connecticut Attorney General, Richard Blumenthal is following in a similar vein.

According to a statement from AG Blumenthal, his office is suing a unit of CVS Caremark Corp. for selling expired over-the-counter drugs and products in its stores in Connecticut. Specifically, according to his statement, investigators from his office found expired food, beverages, as well as the expired over-the-counter medications. In total, the expired merchandise was on sale in 20 or more CVS stores between 2008 and 2009.

A CVS spokeswoman claims that the company only became aware of a problem after it received notice of the suit from AG Blumenthal’s announcement on Monday. Nevertheless, the company maintains that the health and safety of its customers is its top priority and is committed to maintaining proper inventory management to ensure that expired products don’t sit on store shelves. However, the Connecticut branches may still face a similar fate to that of their New York counterparts.

Originally posted at InjuryBoard by David Mittleman

CVS Pharmacy Settles with NY Officials After Selling Expired Products

David Mittleman — Wed, 11 Nov 2009 10:33:31 GMT

New York Attorney General, Andrew Cuomo, recently announced that CVS Pharmacy, Inc. has agreed to pay $875,000 in settlement costs after the company sold expired products. The officials discovered that CVS was selling expired products, including food, medicine, and baby formula, after canvassing 60% of CVS stores across New York State. Some of the expired products were over 2 years outdated.

CVS has had similar problems in the past: in fact, the lawsuit accused the company of breaching a prior agreement with New York officials to stop sales of expired products. CVS spokesman, Mike DeAngelis, recently stated that the company is committed to keeping expired products off of store shelves. However, he declined to admit any wrongdoing and also added that he is unaware of any customers who were harmed from using expired products.

Cuomo experienced similar problems with other stores in the past. The most recent case involved Rite Aid, which settled with New York officials in 2008.

Originally posted at InjuryBoard by David Mittleman

Dangerous Prescription Errors Far Too Common

David Mittleman — Sat, 07 Nov 2009 10:29:00 GMT

Each year, over 3 billion prescriptions are dispensed in the United States. Patients depend on these medications for their well-being, and it is important that the dispensing pharmacy accurately fill each prescription with the correct drug and dosage. In addition, pharmacists and pharmacy technicians are under enormous pressure to keep costs low by filling high volumes of prescriptions quickly.

All of this adds up to a shockingly high risk for injury as a result of pharmacy error. A recent investigation into prescription error identified several potential pitfalls:

The pharmacy dispenses a drug other than that which was prescribed
The pharmacy fails to identify a potentially dangerous drug interaction
A pharmacist fails to counsel the patient about the drug
The dosage is incorrectly provided on the label

These are just four possible types of pharmacy error. While some errors may not result in any harm to the patient, those that do injure the patient present a very serious safety concern. According to some studies, perhaps as many as one in ten prescriptions result in a significant adverse outcome. By taking an active role in your health care and asking questions of your doctor and pharmacist, you may be able to avoid becoming a victim of pharmacy error.

Sometimes, even in spite of your best efforts, a pharmacy may make a mistake that causes you injury. The attorneys at our firm handle pharmacy negligence cases regularly and we may be able to help hold the pharmacy accountable for their actions. In doing so, we can help compensate you and help prevent such an error from happening again.

Originally posted at InjuryBoard by David Mittleman

Hospital Pharmacies Crucial to Patient Safety

David Mittleman — Wed, 08 Jul 2009 07:43:00 GMT

When we think of hospital workers, we often think of physicians, nurses, nursing assistants, and technicians. These are the people we see face-to-face during a stay in the hospital, and each of them has an important role when it comes to patient safety. Some of the most important providers, however, are the employees of the hospital pharmacy, who are rarely seen by patients.

Pharmacy malpractice can be devastating, and it is surprisingly prevalent. Recent events have underscored the dangers inherent in dispensing powerful medications. Even seemingly small mistakes can lead to tragic outcomes resulting from avoidable complications or combinations of drugs. Unfortunately, hospital patients are even more vulnerable to pharmacy errors because they rarely know the medications they are receiving and they have fewer opportunities to ask questions of their pharmacist. This contributes to the potential for miscommunication among the doctors, nurses, and pharmacists involved in the patient’s care. For example, I am currently handling a case in which a clot-buster drug was administered through the incorrect IV line. The patient did not receive the full benefit of the drug, and she consequently lost her leg. This horrific injury could have been avoided had the pharmacist and/or the nurse approached the ordering physician with their concerns about the drug’s compatibility with other ongoing treatments.

Many hospital pharmacies are adapting new technologies that will hopefully avert mistakes like these. In addition, hospital pharmacists have sought to embrace a larger role in patient care, along with more accountability. While it is unlikely that pharmacy malpractice will ever become a thing of the past, let’s hope the increased attention to the issue will result in better outcomes for patients.

Originally posted at InjuryBoard by David Mittleman

Did Someone Prescribe Sam's Club a Stupid Pill? Maryland Store Passes Out Candy in Prescription Bottles

David Mittleman — Thu, 02 Jul 2009 10:00:00 GMT

Teen prescription drug abuse is on the rise. In fact, according to a 2008 study conducted by the Partnership for a Drug-Free America, nearly one in five—that’s 4.5 million—teenagers admitted to abusing medications not prescribed to him or her.

Sam’s Club must not be too concerned about this growing problem. Actually, they are so unconcerned about the problem that they decided it would be a good idea to get more kids in on the action: last week a Sam’s Club pharmacy in Salisbury, Maryland passed out candy in REAL prescription bottles. The store apparently wanted to promote the in-store pharmacy. Specifically, at the entrance of the store, where a Sam’s employee usually is present to check membership cards, employees were also passing out the prescription bottles filled with candy to children entering the store with their parents.

After several complaints about the promotion, Sam’s Club dropped the idea and issued an apology. The Sam’s Club Corporate Communications Manager called it an “isolated incident” and promised it would never happen again. Let’s hope not.

Originally posted at InjuryBoard by David Mittleman

Department of Justice Cracks Down on Insurance Fraud

David Mittleman — Fri, 26 Jun 2009 17:34:25 GMT

The U.S. Department of Justice has announced that the former managing pharmacist of a New Jersey pharmacy has pleaded guilty to submitting fraudulent claims to health insurers. Ruben Aguilar admitted to conspiring with others to submit claims for prescriptions that the pharmacy never dispensed over a five-year period spanning from 2002 to 2007. Aguilar could serve up to five years in prison and be forced to pay a hefty fine.

Among the many insurers that fell victim to the fraud was the federal Medicaid program, which insures low-income individuals in conjunction with certain state Medicaid programs. Medicaid and Medicare, which insures those over 65 years old and certain other qualifying individuals, are frequent targets of attempted fraud. The Department of Justice has partnered with the U.S. Department of Health and Human Services to prevent waste and abuse in the system. The goal is to keep the cost of these federal programs down, thus saving money and improving the quality of services provided.

Aguilar’s plea came on the same day as a major health care fraud sting operation resulted in the arrests of 53 individuals, including doctors, executives, and beneficiaries, in the Detroit area. In addition, eight Miami-area residents were arrested today on similar charges.

These recent arrests are a clear indication of the administration’s aggressive policy of attacking Medicaid and Medicare fraud. If you become aware of fraudulent activity, you can report it by e-mailing HHSTips@oig.hhs.gov or by calling 1-800-HHS-TIPS.

Originally posted at InjuryBoard by David Mittleman

Pharmacy Error May Have Lead to the Death of 21 Polo Horses

David Mittleman — Mon, 27 Apr 2009 09:36:36 GMT

Twenty-one of twenty-six Venezuelan polo horses collapsed shortly after being administered a compound similar to Biodyl–a French-made supplement including vitamins and minerals not approved in the United States. The five horses that survived, were not administered the supplement.

The prescription was written by a Florida pharmacist, but only certain compounding pharmacies are authorized to create the drug. Jennifer Beckett of Franck’s Pharmacy in Ocala, Florida, told the Associated Press that the pharmacy conducted an internal investigation and found that the strength of one of the ingredients was incorrect.

One in five prescriptions filled contain an error. 57% of medication errors result in adverse outcomes–death or serious illness. You can help avoid pharmacy errors by staying informed and asking questions. Ask your doctor about the name of the prescription he or she is ordering or any alternative generic names. Also, be sure to ask about the dosage when ordering medication. It is important to be aware of the strength of the ordered medication and the frequency with which it should be taken. Finally, ask if there are any drug interactions or any side effects you should be aware of.

Originally posted at InjuryBoard by David Mittleman

Modern Compounding Pharmacy

David Mittleman — Tue, 31 Mar 2009 08:45:29 GMT

A Compounding Pharmacy is a branch of pharmacy that tailors drugs and prescription medication to meet the specific needs of individuals. As compared against traditional pharmacists who simply dispense pre-packaged manufactured medications based on physician requests, compounding pharmacists cater to the needs or likes of individuals by mixing, adding, or altering certain ingredients. Done under special sanitary hoods, compounding pharmacists can alter the dosage amount, dosage form, cut out certain allergens, add flavors, or create drugs that have been discontinued by pharmaceutical manufacturers due to low profits. This type of pharmacy has proved particularly successful in sports medicine, pain management, veterinary medicine, hospice care, and most recently, hormone replacement therapy.

Interestingly, pharmacies in America began with compounding methods and continued until the mid-1900s when large drug manufacturers changed the practice by creating cheaper, mass produced products. Despite the modern prevalence of drug companies, small numbers of compounding pharmacists still exist to create drugs for patients requiring unique circumstances. In East Lansing, Michigan (pdf), Dr. Sam Alawieh runs University Compounding Center (UCC), a specialized facility focusing on this type of pharmacy. In particular, the druggists at UCC are responsible for mixing medications for a variety of individualized reasons, but cater to people who need or want customized hormone replacement therapy. Some of the recent formulations created by the UCC include:

Customized Hormone Replacement Creams applied to the skin as opposed to orally
Oral Time-released Capsules which are released into the body over a longer period of time to extend the hormone
Sublingual Drops or Troches which are used in cases where the patient has difficulty absorbing creams through the skin, stomach, or liver
Cream Pumps or Syringes
Combination Hormones in creams or capsules

Compounded pharmacy is a beneficial alternative to traditional pharmacy because it enhances patient treatment. The ability to cater to an individual’s special, specific needs provides greater care and attention. However, as with any drug, there are risks associated with using a compound formula and you should talk to your physician about whether compounding is right for your specific needs.

Originally posted at InjuryBoard by David Mittleman

Drug Companies Don't Tell All - That's A Problem

David Mittleman — Fri, 12 Dec 2008 13:19:55 GMT

We all just assume that when a prescription drug comes to us from the pharmacy, adequate testing and full disclosure has been made. Testing, yes; full disclosure, not so much. In a recent Wall Street Journal article the author writes, "findings from many clinical studies assessing prescription drugs never see light of day," which "skews the basic scientific records that every patient, physician and researcher needs to judge whether treatments cause more harm than good." Deborah Zarin, director of the National Library of Medicine's online clinical trials registry said,

There is data that you are not seeing .... There is a huge problem here if an unknown amount of the information is censored and you don't even know it is censored.

Since 2004, prescription drug claims over deceptive marketing, failure to report dangerous side effects and secret payments to medical researchers have shed light on lapses between the number of clinical trials conducted compared to the number published. New mandatory reporting requirements are almost in place, with stiff monetary consequences aimed at the drug industry if it continues with it's deceptive behavior. Will it make a difference, stay tuned.

Originally posted at InjuryBoard by David Mittleman

Are Insurance Companies and Big Pharma Invading Your Privacy?

David Mittleman — Mon, 17 Nov 2008 08:45:00 GMT

You trust your doctor to provide unbiased, comprehensive advice about your healthcare. You depend on your doctor’s knowledge and expertise. And you confide in your doctor because you want to be able to make fully-informed decisions about your welfare. What if your insurance company abused that trust and shared your information to pharmaceutical companies in order to sell more drugs?

According to a group of key labor unions, CVS Caremark and prescription drug giant Merck had just such an arrangement. Apparently CVS Caremark sent letters to doctors who treat Caremark patients suffering from type 2 diabetes and treat with the drug metformin. The letter, which was paid for by Merck, urges the doctors to consider using the new drug Januvia to treat diabetes instead of metformin. Merck manufactures Januvia, which is not available in a generic form. In addition to being a more expensive method of treatment, Januvia appears to be less safe than the decades-old metformin.

CVS Caremark denies that it abused its patients’ privacy when it created the mailing. According to the company, which is the largest pharmacy benefits services provider in the United States and manages over 1 billion prescriptions annually, the letter is part of an ongoing program to improve services to its patients. It argues that the pharmaceutical companies who pay for mailings of this sort do not see patient information and that it is just making doctors aware of new treatments. CVS Caremark is also accusing the union group, known as Change to Win, of launching a “misinformation campaign” and trying to meddle in the affairs of the company.

Even if Merck didn’t see any patient information, should CVS Caremark be trying to influence your doctor’s professional judgment? The fact that CVS Caremark allowed a drug manufacturer to pay for the mailing raises serious doubts about the objectivity of the advice provided. The best way to protect yourself from these potentially detrimental practices is to participate actively in your care and treatment. Be sure to ask your doctor plenty of questions about treatment alternatives.

Originally posted at InjuryBoard by David Mittleman