A recent case was dismissed by order of Alabama’s Supreme Court because the claim from the plaintiff was time-barred. The defendant’s motion was granted due to the expiration of the statute of limitations. The plaintiff had originally named the wrong party in the lawsuit. Even after the mistake was discovered, the complaint was not amended until after the statute of limitations for this cause of action had expired. The result is that the plaintiff will not be able to recover damages for the claim of a pharmacy error.
A Dangerous Mistake
The plaintiff in the case alleged that the defendant dispensed the wrong medication to the plaintiff. The plaintiff received Risperidone, an antipsychotic medicine, instead of Ropinirole, a medication that is used to treat blood pressure. The error was discovered when the plaintiff was hospitalized as a result of the effects of the wrong medication. The plaintiff claimed to have suffered permanent harm from the pharmacy mistake.
The claim in question was against the pharmacy that was responsible for the medication error. However, when the lawsuit was filed, the incorrect defendant was named. The entity that was named in the lawsuit provides medical supplies and is owned by the same owners of the pharmacy. The medical supply company was not involved in the pharmacy mistake nor does it have an interest in the pharmacy. No one notified the court or the plaintiff of the mistake until after the statute of limitations had expired.
Failure to Relate Back to the Original Complaint
Because the amendment replaced the original defendant in the complaint with a completely different company, the case could not proceed. If the amendment had simply replaced a fictitious name with an actual identity, it would have extended the statute of limitations.
This case demonstrates how important it is to get all of the details of a lawsuit correct and in place in a reasonable timeline. Even a minor mistake can prevent a solid claim from moving forward. The plaintiff will not receive compensation for the damages caused by the pharmacy error and will be responsible for the medical costs and other expenses which resulted from the mistake.
It’s essential that a person finds an experienced personal injury attorney who understands the laws and regulations that govern these types of lawsuits. The claim should be handled in an expedient manner to ensure the victim receives the compensation he or she deserves for the injury. Pharmacy errors and other medical mistakes occur, and the victims should be awarded a reasonable compensation for their suffering and expenses.
Contact an Experienced New Orleans Personal Injury Attorney
When a pharmacy error, defective medical device, or dangerous drug injures you, you need a law firm with the necessary personnel, resources, skills, and experience to handle your claim. The Olinde Law Firm is that firm.
Contact Attorney Fred Olinde of The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to schedule a free legal consultation with an experienced New Orleans personal injury attorney. Don’t delay – your time to file a claim against the party or parties responsible for your injury is limited. Call today for your free appointment.