Topic: Personal Injury

Mecklenburg County, North Carolina Pharmacy Malpractice Allegations Made Against CVS Pharmacy in Huntersville

March 21, 2012, by Michael A. DeMayo

A Cornelius woman claims that she almost died because a CVS Pharmacy in Huntersville gave her a combination or drugs that proved dangerous. Michele Thomas filed a complaint with the North Carolina Board of Pharmacy against CVS and the pharmacist who dispensed the  medications.

If the pharmacy or the pharmacist was negligent and played a role in causing Thomas’s health issues, she could have grounds for a Mecklenburg County, North Carolina pharmacy malpractice lawsuit. Thomas said that the pharmacy filled her prescription for the drug Allopurinol to treat gout in October 2010. At the time, she was taking Imuran because she of a kidney transplant  she underwent years before. Thomas contended that she did not know that taking the two medications together was dangerous.

Six months later, she went to the ER. Tests showed that taking the two drugs at the same time caused her system to shut down.

Thomas said that even now she suffers from health complications and she still cannot work. She claims that the pharmacy has a software system that is supposed to oversee customer prescriptions to prevent such errors and that it failed. Thomas also believes that the pharmacist was at fault.

Meantime, CVS has put out a statement reaffirming its commitment to customer safety. The company said that it has taken steps to make sure that such a mistake, if one did in happen in Thomas’s case, doesn’t occur again.

Pharmacy Malpractice

Pharmacy mistakes can cause serious health complications and even death. It is important that the pharmacist and his/her assistants correctly read a prescription note and provide the customer with the right medication and adequate instructions to make sure that the drug is taken correctly.  Examples of pharmacy mistakes include giving the wrong drug (pharmacy misfills), dispensing a combination of drugs that could cause an overdose or dangerous reactions, dispensing medications that could cause allergic reactions for the patient, and neglecting to design and implement a quality assurance system that can successfully prevent pharmacy errors.

Often, pharmacists at a busy establishment are in a hurry and they may be trying to focus on completing multiple tasks at once. Some pharmacy employees who are hired may lack the experience or knowledge to do a proper job.

Common causes of pharmacy mistakes include short staffing, confusion over medications that sound or look the same, poor physician handwriting that can be hard to decipher, to many prescriptions to fill, exhaustion, plenty of distractions, not enough time to make sure each customer understand what is involved with taking a drug safely and correctly, and failures in the established system of checks and balances that is supposed to prevent such errors.

Contact our Mecklenburg County, North Carolina personal injury law firm to request your free case evaluation.

Woman alleges pharmacy gave her dangerous drug cocktail, WSOCTV, March 19,  2012

Don’t be a victim of pharmacy errors, CNN, October 25, 2007

More Blog Posts:

North Carolina Personal Injury Lawsuit: Charlotte Woman Who Lost Her Breasts and an Arm in Propeller Accident Sues for Damages, North Carolina Injury Lawyer Blog, January 25, 2012

North Carolina Workplace Shooting at Lumber Company Results in Three Deaths and One Injury, North Carolina Injury Lawyer Blog, January 16, 2012

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Robes, North Carolina Injury Lawyer Blog, November 6, 2009

North Carolina Personal Injury Lawsuit: Charlotte Woman Who Lost Her Breasts and an Arm in Propeller Accident Sues For Damages

January 25, 2012, by Michael A. DeMayo

Deondra Scott, a Charlotte woman who lost her breasts and an arm in a boating accident last summer, is seeking North Carolina products liability and personal injury damages. Scott was seriously injured when a boat propeller struck her during the popular Lake Bash event on Lake Norman, which is bordered by the counties of Iredell, Catawba, Mecklenburg, and Lincoln border Lake Norman.

The 25-year-old claims that while in the water the boat’s propeller hit her twice. In her North Carolina boating accident lawsuit she is suing Dennis F. Allen, David D. Orzolek, and Chaparral Boats Inc.

Scott contends that Allen, who was the boat’s operator, never drove a motorboat prior to that day and he lacked the skill to safely navigate one in a crowded, public area. She says that the propeller hit her as Allen was trying to tie it to another vessel and he still had the engine running.

Allen and Scott had come with a group of friends to the Lake Bash event. According to her North Carolina personal injury lawsuit, people shouted at him to turn off the engine but he “panicked,” redirecting the boat into reverse and causing the propeller to hit her. He then placed the boat’s gear in forward and that was when the propeller to hit her a second time.

Scott is also suing Orzolek, who is the person that Allen rented the boat from, and Chaparral Boats, the company that designed, made, and marketed the vessel. She contends that Orzolek should have known that Allen lacked the experience to safely operate the motorboat and shouldn’t have allowed him to rent the vessel. She believes that Orzolek could/should have done more to enforce appropriate safety procedures to renters.

Scott is seeking North Carolina products liability damages from Chaparral Boats. She is accusing the boat manufacturer of continuing to sell the boat even though its design isn’t safe. Scott says that designing the boat so that seven people end up seated behind the boat operator can obstruct the latter’s view. Also, she claims that the ladder and platform are located just a few feet from the propeller and the vessel came with inadequate warning signs about possible dangers, as well as lighting that wasn’t bright enough.

Scott sustained such severe injuries that she had to have her breasts and an arm amputated. She also suffered a severed sternum, lacerations on her legs, and punctured a lung. She says the accident has left her with serious psychological and emotional problems, medical expenses, permanent injury, scarring, limb loss, lost wages, and other damages.

Boat operators and boating companies must exercise caution so that they don’t end up running over swimmers or striking them with their propellers. Unfortunately, accidents do happen, and serious injuries can happen that may prove fatal. You may have grounds for a Charlotte, North Carolina personal injury case.

Read the Complaint (PDF)

More Blog Posts:
Families of Two Parasailing Victims Killed in Ocean Isle Beach Sue for North Carolina Wrongful Death, North Carolina Injury Lawyer Blog, June 25, 2010 

Preventing North Carolina Drowning Accidents: CPSC’s Pool and Spa Drain Cover Recall a Reminder that Entrapment Can Lead to Serious Injuries and Deaths, North Carolina Injury Lawyer Blog, June 6, 2011

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes, North Carolina Injury Lawyer Blog, November 6, 2009

North Carolina Workplace Shooting at Lumber Company Results in Three Deaths and One Injury

January 16, 2012, by Michael A. DeMayo

A shooting at the McBride Lumber Co. claimed the lives of three people, injured another, and ended with the gunman putting a bullet in his head. The latter two remain in critical condition.

The North Carolina shooting incident happened on Friday in Montgomery County. All five people involved work at the lumber company.

According to Sheriff Dempsey Owens, there is a possibility that the shooter, Ronald Dean Davis, 50, may have been the target of harassment on the job. However, this theory has not been verified.

The victims who died are Jose Galdino Lopez Izquierdo, 25, Daniel Thomas Davis, 32, and a third person. Florentino Tellez Aparicio, 21, is still being treated at UNC hospitals.

North Carolina Workers’ Compensation

Employees injured while doing their job are entitled to North Carolina workers’ compensation benefits. Fault doesn’t have to be a factor for an employer to have to pay these benefits. That said, employers are still responsible for creating a safe, non-hostile environment that is free of any hazards or dangers that could cause serious injuries or deaths. Victims and their families also may have grounds for filing third party lawsuits against liable third persons or entities. You generally cannot sue the employer for North Carolina personal injury or wrongful death. For loved ones who have lost someone who was injured in a work incident, you should be entitled to death benefits from the employer’s insurer.

Friday’s incident is not the only shooting to recently occur at a North Carolina workplace. Charlotte-Mecklenburg police are searching for two men in connection with a robbery and the shooting death of Fast Wok restaurant employee Edward Rosen. The 52-year-old was fatally shot while working at the Charlotte, North Carolina restaurant earlier this month.

Of course, who can forget the deadly North Carolina shooting rampage that took place in 2009 when Robert Stewart stormed into the Pinelake Health and Rehabilitation Center and shot 11 people. 8 of his victim, one nurse and seven elderly residents, died.

Stewart was reportedly targeting his wife.  Last year, a jury convicted him of second-degree murder. He will spend the rest of his life in prison. North Carolina wrongful death lawsuits have already been filed over the catastrophic shooting.

Unfortunately, insurance companies can try to delay or reject your claim for North Carolina workers’ compensation or survivor benefits. To make sure that you receive the benefits that you are owed in a timely manner, you should speak with an experienced Charlotte, North Carolina personal injury law firm that handles work comp cases.

The Law Offices of Michael A. DeMayo represents clients in the North Carolina counties of Iredell, Gaston, Mecklenburg, Stanly, Catawba, Alexander, Cabarrus, Rowan, Union, Burke, Lincoln,  Scotland, Robeson, Anson, Cleveland, Richmond, Caldwell, and Cumberland and the South Carolina counties of Lancaster, York, Marlboro, Chesterfield, and Dillon.

Victims of Star Shooting Spree Identified, North Carolina, WRAL, January 17, 2012

Chinese restaurant worker shot, killed during robbery in Charlotte, January 15, 2012

3 Killed in North Carolina workplace shooting, January 13, 2012

More Blog Posts:

North Carolina Nursing Home Shooting Rampage: Man Found Guilty of Second-Degree Murder, North Carolina Injury Lawyer Blog, September 12, 2011

North Carolina Workers’ Compensation Lessons: Getting over the Fear of Asking for Help, North Carolina Injury Lawyer Blog, January 14, 2012

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Car Crash, North Carolina Injury Lawyer Blog, October 16, 2011

 

NTSB Calls for Nationwide Ban on Cell Phone Use While Driving

December 16, 2011, by Michael A. DeMayo

After spending a decade recommending that limits be placed on who can use a cell phone while operating a vehicle, now, the National Transportation Safety Board is now calling for a full ban on all cell phones and text messaging devices while driving. Only passengers would retain their right to talk on a phone or text message – unless it is an emergency situation, in which case a driver can call or text for help.

Currently, in North Carolina there is a statewide ban on texting while driving. Unlike a number of states, which have banned drivers from using hand-held cell phones, NC allows most drivers the use of both. The state has, however, prohibited drivers under 18 and school bus drivers from using cell phones. That said, even with such restrictions, this doesn’t mean that motorists are abiding by the laws. Our Charlotte, North Carolina personal injury law firm are aware of the impact that distracted driving can have on a motorist’s ability to drive safely. We represent victims and their families who suffered injury or experienced a death because a driver or another party was negligent and caused a North Carolina car accident.

Unfortunately, even though there is growing awareness of the dangers of texting and other distracted driving behaviors, many people can’t seem to stop. Last week, the National Highway Traffic Safety Administration issued its findings based on a national survey it conducted. Over 6,000 drivers participated.

Per the survey:

  • At any moment in 2010, nearly 1 out of every 100 drivers was either emailing, texting, on the Internet, or using a hand-held device for other purposes while rating. This rate of activity is about 50% over from the year before.
  • Most surveyed said they wouldn’t hesitate to answer an incoming call while driving.
  • Almost 2 out of 10 drivers admitted to sending emails or texting while driving.
  • Drivers in the 21-24 age group were more likely to text and drive.
  • Over half of respondents said making a call while driving doesn’t impact the way they drive.
  • About a quarter of those surveyed had the same opinion regarding how texting or sending emails affected their driving abilities.
  • 90% said they don’t like it when they are riding in car operated by a driver that is texting.
  • Bad weather was the situation during which most respondents would hesitate to talk on a cell phone or text/e-mail while driving.
  • Bumper-to-bumper traffic and rapidly moving traffic were two situations that might compel some driver to stop texting/e-mailing/talking on the phone.

Driver electronic device use in 2010, NHTSA, December 2011 (PDF)

NTSB: Ban all driver use of cell phones, CBS, December 13, 2011

More drivers texting but few think it’s dangerous, survey says, Denver Post/AP, December 9, 2011


More Blog Posts:

Enter Our Charlotte, North Carolina Personal Injury Law Firm’s Drunk Driving Awareness Campaign This Holiday Season and Give Yourself the Chance to Win a Flip Camera, North Carolina Injury Lawyer Blog, December 12, 2011

North Carolina Personal Injury: The Dangers of Road Rage, North Carolina Injury Lawyer Blog, December