Gainesville Florida Pharmacist Fined After Toddler Dies
According to an article written by Diane Chun and published by the Gainesville Sun, 3 year old Sebastian Ferreros died in October of 2007 of a drug overdose. On Wednesday, August 13, 2008, Edna Irizarry, the pharmacist that filled the prescription, agreed to pay a fine of $1000.00 and investigation costs of approximately $2460 for her role in the boy's death. The payments were part of a plea agreement with the Florida Board of Pharmacy that also requires Irizarry to attend an eight hour course.
The overdose occurred while Sebastian's physicians were trying to determine if he was growing properly. As part of a routine test, he was supposed to receive 5.75 grams of the amino acid arginine. Irizarry was the pharmacist that filled the prescription while working at the Shands Medical Plaza Pharmacy in Gainesville Florida. Unfortunately, the filled prescription contained more than 60 grams of the amino acid. Sebastian died two days after receiving the medication.
When a health care related professional makes a mistake, the State Board charged with regulating that particular professional investigates the event. The Board has the power to sanction the professional with penalties including fines, re-education, limiting practice areas, suspension, and even revocation of license. Irizarry's rather small penalty for her mistake is not unusual. Practitioners involved in mistakes that cause or contribute to death are often allowed to continue practicing. In this case, according to Gainesville Sun writer Diane Chun, the Board of Pharmacy agreed to Irizarry's monetary penalty because the blame did not lie with her alone. Instead it involved a "system breakdown" that involved multiple personnel.
Often the personal injury tort system works in conjuction with the states regulatory system. In this case, Sebastian's parents, Horst and Luisa Ferrero, brought a wrongful death lawsuit against the Shands Health Care System. The case was settled for $850,000.00. The Ferrero's have reportedly used the funds to campaign for a full-service children's hospital in Gainesville, start the Sebastian Ferrero Foundation, and work with The University of Florida College of Medicine to develop protocols to prevent similar accidents at Shands.
Scott Distasio
Florida Pharmacy Malpractice Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022
