Illinois Pharmacy Mistake Case Punitive Damage of $25 Million Reversed by Illinois Appellate Court
In a recent Illinois pharmaceutical error case, the First District Appellate Court of the State of Illinois reversed a $25 million punitive damage award against Walgreen Co. in Marston, etc. v. Walgreen Co., 1-07-0209. The case revolved around the death of an elderly man who was given the wrong prescription allegedly as a result of a pharmacy mistake. The 77 year-old decedent had requested an anti-gout medicine, but was instead given a drug that treats diabetes by lowering blood sugar.
The court upheld a Chicago, Cook County jury award of $6.35 million in compensatory damages after finding that the plaintiff established that taking wrong drug caused the decedent’s kidneys to fail, which led to his death. The plaintiff died during pretrial proceedings.
At trial, the Walgreen's pharmacist testified that he incorrectly filled the decedent's prescription. Evidence was also presented that suggested the pharmacist was abusing narcotics and stealing pharmaceuticals from the Walgreen’s store. The evidence showed that the pharmacist did not remember if he was taking drugs on the date of the misfilled prescription.
Perhaps even more alarming is that at least half of these dangerous interactions involve the use of over-the-counter medications, such as aspirin or dietary supplements. According to the study, one in 25 older adults are at risk for serious drug interactions, the study has found. And for men ages 75 and 85, the risk is as high as 1 and 10. 
