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View Full Version : Dennis Quaid, wife sue drug maker UPDATE Quaid goes to Congress



MedicCook
12-04-2007, 06:50 PM
Dennis Quaid, wife sue drug maker

LOS ANGELES, California (AP) -- Dennis Quaid and his wife sued the makers of heparin Tuesday after their newborn twins were inadvertently given massive doses of the blood thinner at a hospital.

The product liability lawsuit, filed in Chicago, seeks more than $50,000 in damages.

It claims that Baxter Healthcare Corp., based in Deerfield, Illinois, was negligent in packaging different doses of the product in similar vials with blue backgrounds.

The lawsuit also says the company should have recalled the large-dosage vials after overdoses killed three children at an Indianapolis hospital last year.

The lawsuit was first reported by CelebTV.com, which obtained the court documents.

A call to Baxter Healthcare Corp. seeking comment wasn't immediately returned.

The Quaids' children, Thomas Boone and Zoe Grace, and a third patient were at Cedars-Sinai Medical Center on November 18 when they were mistakenly given vials of heparin that were 1,000 times stronger than the usual dosage.

The twins were home Tuesday and "appear to be doing well," said Susan E. Loggans, the Chicago attorney who filed the lawsuit. "The Quaids are a religious family, and they really believe the prayers of the public saved their kids."

"Apparently, they're going to be fine now," she said but declined to otherwise comment on the children's medical conditions.

"The point of this case is to save other children from this fate. They're not looking for money," Loggans said of the lawsuit.

The Quaids didn't sue Cedars-Sinai, which acknowledged after the news broke that a "preventable error" had resulted in three patients receiving vials containing 10,000 units per milliliter of heparin instead of vials with a concentration of 10 units per milliliter.

The patients were receiving intravenous medications and the heparin was used to flush the catheters to prevent clotting.

Two of the patients needed a drug that reverses the effects of heparin, the hospital said at the time.

The hospital issued an apology to the patients' families, and said it would take "all steps" to prevent a recurrence.

The heparin was "unreasonably dangerous" as it was packaged and sold because both the small and large dosage vials had labels with blue backgrounds when the vials "should have been completely distinguishable (by) size and shape," the lawsuit argued.

A similar dosage error killed three premature infants at an Indianapolis hospital last year. Three others survived overdoses.

In February, Baxter Healthcare Corp. sent a letter warning health care workers to carefully read labels on the heparin packages to avoid a mix-up.

But the lawsuit by Quaid and his wife, Kimberly, argues that the company didn't do enough.

The company failed to recall the large-dosage vials after the infant deaths and repackage the drug, the lawsuit contends.

It said the manufacturer also should have issued an "urgent" warning to health care providers that required them to educate nurses and others about the problems and implement safety procedures.

http://www.cnn.com/2007/SHOWBIZ/Movies/12/04/people.dennisquaid.newborn.ap/index.html

Donna
12-04-2007, 08:23 PM
I'm no sue-happy kinda girl, but tell you what, I'd sue SOMEONES ass over what happened there.

MedicCook
12-04-2007, 08:37 PM
It is not the drug makers fault that they doctor and nurse failed to do their jobs correctly.

sws4420
12-04-2007, 09:01 PM
:yeahthat:

MedicCook
05-14-2008, 10:29 PM
Dennis Quaid testifies of peril to newborn twins

NEW YORK (AP) -- Dennis Quaid told Congress on Wednesday of a harrowing, near-fatal drug mix-up in which his newborn twins were administered 1,000 times the normal dose of a blood thinner.

The 54-year-old actor said his family's brush with tragedy underscores the need to hold pharmaceutical companies accountable through lawsuits, a remedy that is becoming increasingly problematic for injured consumers.

Some 7,000 Americans die every year from medication errors.

At issue before the House Reform and Government Oversight Committee is a move by regulators at the Food and Drug Administration to step into lawsuits on the side of defendant drug companies.

In court, the drug companies argue that federal regulation should pre-empt the filing of lawsuits under state law, a matter that will come before the Supreme Court later this year in a case from Vermont.

The Quaid family is suing drug maker Baxter Healthcare Corp., which is seeking dismissal of the lawsuit on federal pre-emption grounds that the FDA approved the labeling.

"Like many Americans, I believed that a big problem in our country was frivolous lawsuits," Quaid testified. "But now I know that the courts are often the only path to justice."

Quaid said that if all lawsuits are pre-empted, "it will basically make us uninformed and uncompensated lab rats."

The committee's ranking Republican, Rep. Tom Davis of Virginia, sympathized with Quaid, saying that if this had happened to the Davis family, "I'd be suing everybody in sight." Apart from Quaid's case, Davis called for balance between total pre-emption and unrestrained litigation.

Committee Chairman Henry Waxman, D-Calif., said that if manufacturers face no liability, all the financial incentives will point them in the wrong direction and that abusive practices will multiply.

Quaid told the committee his family's life-altering story began in November 2007 when twins Thomas and Zoe, at the time 12 days old, developed a staph infection and had to be hospitalized.

The children were mistakenly administered the wrong version of the drug heparin, due to two concentrations of the drug being bottled with similar labels and size. When rotated slightly as they often are when stored, the light blue 10-unit bottle and the 10,000-unit dark blue bottle are virtually indistinguishable, Quaid told the panel.

The actor asked whether consumers' rights to sue under state law should be blocked just because the FDA approves the drug and its labeling and packaging.

Quaid said that under the approach favored by business and the federal government, the FDA handed the drug maker "a get-out-of-jail-free card" when the regulatory agency allowed heparin onto the market.

The Quaids' children recovered, though "we don't know what the longer-term effects will be," said Quaid.

http://movies.msn.com/movies/article.aspx?news=314099&GT1=7701