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Walgreens Wants Gag Order in Prescription Error Wrongful Death Suit

August 06, 2007 12:18 PM

Walgreenswants_mn Walgreens has asked a state court judge to place a gag order on the family and attorney representing a mother of three who died following a misfilled prescription at a Florida Walgreens.

Beth Hippely suffered a massive stroke after being given the wrong dosage of a powerful blood thinning medication which crippled her and forced her to stop her needed chemotherapy. She died earlier this year.

Citing an interview given by the Hippelys' attorney, Karen Terry, in an ABC News "20/20" story investigating pharmaceutical errors last spring, Walgreens claims that Terry's actions "had the effect of generating pre-trial publicity prejudicing Walgreens, which has a constitutional right to a non-tainted jury pool." The company is "requesting an order prohibiting the parties and their attorneys from engaging in pre-trial publicity prior to jury selection, and during the trial of this case."

The motion goes on to request the judge "specifically prohibit the parties and their attorneys or staff from engaging in interviews or commenting about any aspect of the case before and during the trial of this matter."

Peter Canfield, a First Amendment attorney who has represented many media outlets, calls Walgreens' request "unusual" because it's so far reaching.

Click Here for Full Blotter Coverage.

"In a civil case, the standard to grant a gag order is very high," says Canfield. "They'd have to show that jurors heard about the '20/20' piece in March and it affected them to the point where they could not be objective."

Canfield also says the request is a "severe restriction" on the First Amendment rights of the Hippely family and their lawyers.

"It's one thing for the court to control the lawyers, but it's very unusual to ask the court to muzzle the parties and the witnesses," he said.

In Beth Hippely's case, a 19-year-old pharmacy technician mistakenly gave Hippely 10 times the prescribed dosage of Coumadin, a powerful blood thinner, which she was prescribed while being treated for breast cancer. Walgreens' policy is that technicians are not supposed to fill actual prescriptions without the supervision and final approval from an actual pharmacist.

In the "20/20" interview, Terry told ABC News the technician's "prior job had been cleaning a movie theater and serving popcorn," and asserted that "it's not just a regrettable error. This is an intentional systemic drive for profits, for money. If it wasn't about that, they would hire more pharmacists; they would train their people; and they wouldn't be about opening more stores and more stores and more stores when they cannot staff what they have now."

Canfield says a gag order in the case would have a chilling effect on the media's ability to do its job in "telling the full story."

"In this case, this is an issue of great public interest outside of Walgreens, and by granting the order you'd be dampening public debate," he says.

Neither Walgreens' nor the Hippelys' lawyers could comment on the gag order request, but Walgreens has repeatedly disputed the allegations against the company.

In an earlier statement to the Blotter on ABCNews.com, Walgreens said, "We deeply regret the few errors that have occurred among the more than 500 million prescriptions we fill each year at our 5,600 pharmacies."

The statement added that "one of the most significant safety initiatives the drugstore industry has undertaken is promoting the use of electronic prescribing, which could have prevented the error in the Hippely case or other instances where the doctor's handwriting is misread. Walgreens invented the electronic prescription 15 years ago and has been a strong advocate of its adoption ever since."

But lawyers for the Hippely family have said the problem is systemic, not electronic.

"They were so understaffed at the time that two to three times a week they would pull stock boys and photo clerks and cashiers with no training whatsoever to fill pill bottles," Terry told ABC News in a previous interview. "District managers saw this with their own eyes and did nothing about it."

The pharmacist who gave Hippely the incorrect dosage wasn't informed of her error for several years and kept her job during that time.

Terry has said she knows of at least three other cases in which serious errors were made by technicians or pharmacists, and the pharmacists on duty were never told of the errors by Walgreens. She has argued that if Walgreens was serious about customer safety, the company would insist on pharmacists being made aware of their errors.

"If Walgreens wanted to improve their quality control and keep errors from happening, they would tell their pharmacists so they could be more careful," said Terry.

"Quality assurance is an ongoing project for us," Walgreens' previous statement said. "We've implemented 14 new quality controls in the last year. We also currently have another 12 in development, all of which were started well before."

The judge is expected to rule on the gag order today when jury selection for the Hippely trial begins. The trial is expected to last two to three weeks. 

Do you have a tip for Brian Ross and the Investigative Team?

August 6, 2007 in Pharmacy Investigation | Permalink | User Comments (32)

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i hope walgreens gets shut down or looses the abality to sell prescription drugs of any kind. people are now dead. end of story DEAD

Posted by: kev | Aug 6, 2007 1:16:49 PM

It would be really great if ABC would provide e-mail follow-up service for those readers that would (theoretically)
sign up for it within a specific article. Meaning here that when any more articles are published by ABC on this case, I could be e-mailed a link to the follow-up article(s) so that I can be sure not to miss any updates on this important case.
By the way, I saw the original aired report and the Walgreen's higher-up rep was shocking in her evasiveness in (not) answering any questions of accountability. She reminded me of Condi Rice, but more smug. It truly was scary since I use Walgreen's Rx regularly, but my local one is fortunately a good one currently.

Posted by: Laura | Aug 6, 2007 1:21:25 PM

Oh sure.....do something wrong, then try to prevent the public from knowing about it, so it can happen again.

Posted by: Rick McDaniel | Aug 6, 2007 2:00:12 PM

Why has this taken years to settle? It seems to me, they gave her the wrong dosge, she had a stroke, the only question is : criminal charges against the person that filled it because she is not a pharmacist? and where to put the decimal point in the check for the plaintiff....

I dont know, Im no attorney, but that's how I summarize the info above

Posted by: Karen | Aug 6, 2007 2:06:19 PM

So 4 incorrectly filled prescriptions out of 500 million. Let's see, that's 0.0000008%. What a terrible record.

Posted by: Dewey | Aug 6, 2007 2:13:18 PM

This is called "death by decimal", usually caused by a badly handwritten Rx usually without a leading zero ie 0.10 mg.

Scrips are not that hard to read by a lay person, please do that. If the doc has called the Rx in, ask to see it. Do your own QA especially with pediatric meds.

The QA process includes the registered pharmacist QAing the filled Rx against the written Rx. Therefore, abcnews, the 19-yr old tech may have filled it but the failure came with the pharmacist's QA.

BTW, be very very careful with generics they have to bioequivalents not necessarily clinical equivalents.

Walgreen's will have to pay.

Posted by: Kathryn | Aug 6, 2007 2:22:46 PM

What all of you are not understanding, is that a technician fills the Rx and a Pharmacist is the final check. Therefore the pharmacist made the only error that counts, not the technician. And the lady that "Laura" says was representing Walgreens that didn't know what she was talking about, well truth be known, that lady has No association with Walgreens and ABC news didn't clearly state who she was connected with. One news story skewed to view how the news wanted it to, and you all will just believe anything. My advice, go to your nearest pharmacy and ask how your prescriptions get filled and the pharmacist will gladly tell you. Then you might have an understanding and not sound so rediculous with your comments.

Posted by: Jimmy | Aug 6, 2007 2:28:50 PM

I think this is unfortunate and to judge beyond that is unfair. I get a lot of Prescriptions filled at my local Walgreens and have never had a problem. That doesn't mean I don't check my meds to see if what I got is correct. I know what all my pills look like so would question anything that was different. Them problem comes with a new Prescription when you don't know what it looks like. It just means I will have to start looking things up on the internet before I take them and make sure I pay attention to what dosage the Dr has given me.Anyone who thinks errors don't happen at every Pharmacy is just kidding themselves.

Posted by: Barbara | Aug 6, 2007 2:37:02 PM

Well it all sounds like we want to "stick to the man" syndrome. I don't think we all know all facets of this case. We just know what the media tells us. And you know what I don't trust anything the media tells me any more till I see some more reliable sources not just one source. It's all we need to have one more company put out of businesswhen people make mistakes. There are many drug companies that don't do business in this country anymore becuase of the liability in this country. Before too long with all of this overburden from liability in this country you'll be getting your drugs from Pakistan.

Posted by: J | Aug 6, 2007 2:40:40 PM

From an insider point of view:

I work as a pharmacy technician for a large chain (not Walgreen's). There is no good excuse for an error like this, but we are all human, and we all make mistakes. What is important is that we work hard to limit mistakes of this magnitude. I feel terrible for Mrs. Hippely, and I hope that this kind of mistake is never made again. I believe strongly that all medications should be prescribed electronically or, at the very least, printed in block letters. It can be extremely difficult to decipher some handwriting; Very few days go by at my job when the pharmacy team is not required to contact a physician's office to clarify a prescription (as is always the policy when one is unsure of what's written).

As some have said, it is the responsibility of the pharmacist to ensure that what is given to the patient is what is prescribed, not the technician. We are there to assist the pharmacists only. I don't think the details of this case are crystal clear, so let's hold our judgement and allow the jury to decide. The technician really may not be responsible.

Posted by: Scott | Aug 6, 2007 3:10:16 PM

Are you kidding me? A GAG ORDER? Walgreens' customers have the right to know that they could potentially be the next victim of the pharmacist who mis-filled the Hippely prescription! They need to know they should be checking that they were dispensed the correct medication, strength and dosage. This makes Walgreens sound as though they are more concerned about their precious reputation than they are about the lives of their customers.

Posted by: TheMom51 | Aug 6, 2007 3:39:46 PM

I took coumadin and each of the tablets for coumadin are different color for the amount that they represent. How can the lady not have known the diffence. And 10 time more? Story sounds fishy. Could be a problem with the doctor also in this case. She should have been going into the doctors office getting her blood tested for coumadin levels.

Posted by: Roy | Aug 6, 2007 4:49:32 PM

This is a terrible tragedy, and one that could have been prevented in many ways. Ican't express enough how important it is for patients to talk to their doctors and make sure they understand exactly what they are taking, how much, and how often BEFORE the prescription leaves the doctor's office. It's our responsibility as consumer's to make sure we are getting the right perscription when we pick them up, and if the infomration on the bottle doesn't match what your doctor discussed with you then take the time to question it. I can't imagine ever putting a chemical in my body without knowing exactly what it is, what it does, and how much I am taking. I'm not saying walgreen's isn't at fault here, just that they aren't the only ones. We have to remember anytime there is the human factor there is a chance for error.

Posted by: Jamie | Aug 6, 2007 6:00:21 PM

I know first hand how bad Walgreens sucks. I have seen them do things all the time that they shouldn't in both the stores I have visited. Not to mention, they are almost always short-handed. How can they run an efficient and reliable business this way??

Posted by: mikastates | Aug 6, 2007 6:31:18 PM

Dewey: I like your statistics. However, the problem with #'s is that they are as flawed as their analyst (that would be you). If you think Walgreens made only 4 errors in a year, you're highly mistaken and terribly naieve.

Furthermore, give that statistic to the families who have had their love one die from a fatal ADE (adverse drug event). You can add 15 more zero's between your decimal and the 8 and it still doesn't make PREVENTABLE DRUG RELATED DEATHS any easier.

There is a shortage of Liscensed Pharmacist in this country. That's no secret. Where the secret lies is in the Walgreens division that decides that they're going to put a pharmacy on every corner in this country (including those that already have a pharmacy....having walgreens and CVS at the same intersection is WAY too common)when they do NOT have enough Pharmacist to fill the shifts in the stores they already have. More pharmacies than pharmacist is bad math, no matter how you analyze it.

Posted by: MiscMel70 | Aug 6, 2007 10:43:17 PM

I am a friend of this woman's son. In hopes of not having this kind of tragedy strike other families I believe this should definitely be openly discussed.

My heart goes out to her family.

Posted by: Tara | Aug 7, 2007 12:36:38 AM

First of all, I think that everyone here who has something negative to say should keep it to themselves. I personally know this family. Walgreens tore this family apart and stole an innocent life. It is a lot easier to say that "she should have done this" and "they should have done that" looking back in retrospect. What it comes down to is that Walgreens messed up and they should have to pay for it. At the end of the day though, no matter how much money there might be, she is still gone.

And for the record, all those who said "oh well theres so few errors...", imagine for a few minutes what it would be like if she was YOUR mother, YOUR wife, YOUR friend. You might sing a different tune then. It doesnt matter if it is one mistake or a thousand mistakes. It needs to be prevented.

Posted by: S.V. | Aug 7, 2007 1:23:03 AM

I have a co-worker who's pregnant daughter was given the wrong medication even though the bottle was correctly marked with her name/dr, etc. She followed the directions on the bottle and ended up taking blood pressure medication instead of the vitamins that her dr. prescribed. She ended up losing the baby and almost died herself. Walgreen's had their attorney go to the ER and tried to get her to sign a release immediately even before she was fully coherent. Luckily there was a friend present that had the attorney removed from the room.

I have another co-worker whose elderly mother was also given the wrong prescription under the wrong label and caused her to be hospitalized. When Walgreen's was contacted regarding the error, all they were worried about was getting the bottle & incorrect medication back. She was told the error would be fixed only after they returned to original bottle/medication (sounded like the wanted to destroy the evidence).

Both of these incidence happened about 1 1/2 years apart at the same Walgreen's location.

Posted by: bly0615 | Aug 7, 2007 1:03:24 PM

DOUBLE CHECK EVERYTHING!!!!!!

Posted by: mike g | Aug 7, 2007 1:19:21 PM

If you don't think this happens at every pharmacy, think again. CVS funds some of their broadcasts, so it's no big surprise they didn't mention them as much. The report mainly talks about Walgreens and doesn't even bring into the fact about any other pharmacy, when other pharmacies have made the mistake.
As for the lady not recognizing the pill color change, I can understand. If she was undergoing chemo, I'm sure she wasn't feeling her best (duh), so it's obvious why she wouldn't worry about things like pill color. I don't think it's in any way her fault.

Just like there are bad Walgreens in places, there are bad Walmarts, bad CVS's, etc...

Posted by: Tasha | Aug 8, 2007 1:53:55 AM

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