ATTORNEY KENNETH N. MARGOLIN OBTAINS $7.1 MILLION JURY VERDICT ($10.2 MILLION, WITH INTEREST) FOR INFANT BRAIN DAMAGED BY MEDICATION OVERDOSE

A Suffolk County jury yesterday awarded $7.1 million in damages to the family of Joey R., a 4-year old Newton boy who, as a premature infant, received a massive overdose of a high-blood-pressure drug after pharmacists at Children's Hospital in Boston failed to dilute an adult medication.

The boy's parents, Christopher and Kathleen R., argued in court that the overdose triggered brain damage that left their son mentally retarded and suffering from cerebral palsy and seizures. The defendants, three former employees of the hospital pharmacy, contended that Joey's brain damage resulted from complications of his premature birth, not from their mistake.

A Suffolk County jury awarded $7.1 million in damages to a family who claimed that a massive drug overdose at Children's Hospital in Boston injured their 4-year-old boy's brain.

Christopher and Kathleen R., parents of Joey R., argued in court that the high-blood-pressure drug overdose left their son mentally retarded and suffering from cerebral palsy and seizures.

However, the defendants, three former employees of the hospital pharmacy, said the youngster's brain damage resulted from complications of his premature birth, not from their mistake.

According to state records, doctors prescribed a drug called Enalaprilat for Joey's high blood pressure. Pharmacy technician Margarita Pagan prepared the dose, and pharmacist Phu Duthinh initialed it without noticing the medication had not been diluted. A nurse administered it, believing she had given the 6-microgram dose required for the 3-month-old baby.

The dose, instead, had 750 micrograms, more than 100 times the proper amount.

The attorney for the plaintiff was Kenneth N. Margolin.

COMMENTARY BY ATTORNEY MARGOLIN

The tragic case of Joey R. provides some important lessons. It illustrates the terrible danger presented by medication errors. While the hospital pharmacy made changes in their procedures after the overdose to Joey, the changes were not, in my opinion, adequate to prevent a future disaster. A major verdict such as the one in this case, may finally motivate adequate protections to help minimize future pharmacy errors.

Joey's case also highlights how important it is for a family whose child or loved one has been killed or badly injured by medical malpractice or medication error, to have perserverance. The defense fought this case with all its resources from the moment the lawsuit was filed,until the jury rendered its verdict. It took all of Joey's parents' belief in their son and in his case, to believe that justice might prevail.

Finally, Joey's case shows how imperative it is to have an attorney with expertise in medication errors and medical issues. While the medical issues in this case were necessarily complex, it was my job to make them readily understandable to the jury. I had access to topnotch expert witnesses, who explained the medicine in terms the jury could understand and relate to their common experience.

The defense and its insurance company, offered not one penny to settle Joey's case before the trial began. They spent a great deal of time and money trying to convince the jury that the defendants' catastrophic error caused Joey no harm. Their intractable position made clear the wisdom of my case selection and preparation philosophy, which is to attempt to obtain a fair settlement on every case, but to accept no case unless I am willing to bring it to trial.

The jury in Joey's case was diligent and attentive throughout the two week long trial. In the end, justice triumphed when the jury reached their verdict in favor of Joey R. and his parents.