The American Society for Pharmacy Law (ASPL) is the organization of attorneys, pharmacists, pharmacist-attorneys and students of pharmacy or law who are interested in the law as it applies to pharmacy, pharmacists, wholesalers, manufacturers, state and federal government and other interested parties.
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Aaron Moore, ASPL board member, appeared on The Pharmacy Podcast in September, 2016. The Pharmacy Podcast has nearly 60,000 subscribers around the world and focuses on the business of pharmacy.
February 27, 2017
Lawsuit against Kroeger in Cincinnati generates in-depth reporting by local news media; Ohio Board of Pharmacy to gain mandatory error reporting authority
A negligence suit first filed in the Hamilton County (Ohio) Court of Common Pleas in 2014 alleges that a Kroeger pharmacy misfilled a prescription refill intended to contain labetalol with lamotrigine, resulting in severe injury to the patient, including permanent kidney failure requiring dialysis. The suit has resulted in recent in-depth reporting by the local television station (WXIX – Fox19) including a complete copy of the plaintiff's deposition of the pharmacist who was responsible for final check on the prescription.
The report included a review of the 2016 minutes of the Ohio Board of Pharmacy, which revealed that 41 pharmacists paid a total of $39,700 in fines related to dispensing errors, and that 4 of those 41 pharmacists were Kroeger pharmacists who were charged with 9 separate dispensing errors. None of the pharmacists were involved in the instant action. The report also has links to 4 prior cases in Hamilton County against Kroeger: 1 in 1997 (Neosporin dispensed instead of Polysporin), 2 in 2014 (Seroquel instead of Nexium; and the instant case), and 1 in 2015 (clomipramine instead of clomiphene).
But the gravamen of the report was a concern that pharmacists are not required to report dispensing errors to the Board of Pharmacy in Ohio, Indiana, or Kentucky. An interview with the Ohio Board of Pharmacy executive director Steven Schierholt revealed that the Board will gain the authority to require error reporting by licensees beginning in April 2017, but that will not happen until the Board promulgates rules requiring the reports. The report concludes with an interview with University of Cincinnati pharmacy Dean Neal MacKinnon, and with a discussion of 6 years of required error reporting in Nova Scotia which generated nearly 20,000 error reports and "near misses" per year. [Barr J. Pharmacy loophole: Law allows pharmacists secrecy in prescription mistakes. Fox19 NOW 2017 Feb 22; http://bit.ly/2l5aDVK]
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