Verdicts

Medical Provider Not Liable for Drug Overdose

A jury in New York recently rendered a defense verdict to a physician's assistant who prescribed medication to an alcoholic who died after taking that medication in conjunction with alcohol. Bee v. Hita Sharma as Guardian Ad-Litem of Mohan Sharma, MD and Cindy Callahan, RPA-C, No. 8258/12.

On March 3, 2011, 49-year-old Christopher Bee died from a combined consumption of alcoholic beverages and a muscle relaxant, Soma, according to a coroner's report. The drug was intended to relieve pain from a rib injury and had been prescribed by a physician's assistant, Cindy Callahan. Bee's widow, Laura Bee, claimed that the drug should not have been given to her husband, who was an alocholic.

Ms. Bee, acting individually and as administrator of her husband's estate, sued Callahan and her employer, Dr. Mohan Sharma, alleging malpractice. She claimed that Mr. Bee, who had repeatedly battled alcoholism, should not have been prescribed Soma. Bee's estate sought recovery of wrongful-death damages that included $14,000 for the cost of Bee's funeral, $500,000 for his younger son's loss of parental guidance and $250,000 for his older son's loss of parental guidance. Bee's wife sought recovery of $250,000 for loss of consortium.

The plaintiffs' expert surgeon said that an alcoholic would be susceptible to an accidental overdose and that Sharma's practice's records indicated Bee's repeated treatment for alcoholism. Ms. Bee claimed that Sharma knew her husband had previously mixed alcoholic beverages and prescribed medication.

The defense's expert, a physician's assistant, said that alcoholism does not contraindicate a patient's use of Soma. The defense's expert internist agreed. He reviewed the coroner's analysis of the alcoholic content of Bee's blood, and said the concentration, 0.1, would not have impaired Bee's understanding of the amount of Soma that he was ingesting. A coroner estimated that Bee had consumed as many as 30 tablets of Soma. The defense's expert toxicologist noted that Callahan had recommended daily doses of as many as four tablets of Soma, and said the recommended dosage would not have harmed Bee.

The jury rendered a defense verdict.

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Medical Provider Not Liable for Drug Overdose

A jury in New York recently rendered a defense verdict to a physician's assistant who prescribed medication to an alcoholic who died after taking that medication in conjunction with alcohol. Bee v. Hita Sharma as Guardian Ad-Litem of Mohan Sharma, MD and Cindy Callahan, RPA-C, No. 8258/12.

On March 3, 2011, 49-year-old Christopher Bee died from a combined consumption of alcoholic beverages and a muscle relaxant, Soma, according to a coroner's report. The drug was intended to relieve pain from a rib injury and had been prescribed by a physician's assistant, Cindy Callahan. Bee's widow, Laura Bee, claimed that the drug should not have been given to her husband, who was an alocholic.

Ms. Bee, acting individually and as administrator of her husband's estate, sued Callahan and her employer, Dr. Mohan Sharma, alleging malpractice. She claimed that Mr. Bee, who had repeatedly battled alcoholism, should not have been prescribed Soma. Bee's estate sought recovery of wrongful-death damages that included $14,000 for the cost of Bee's funeral, $500,000 for his younger son's loss of parental guidance and $250,000 for his older son's loss of parental guidance. Bee's wife sought recovery of $250,000 for loss of consortium.

The plaintiffs' expert surgeon said that an alcoholic would be susceptible to an accidental overdose and that Sharma's practice's records indicated Bee's repeated treatment for alcoholism. Ms. Bee claimed that Sharma knew her husband had previously mixed alcoholic beverages and prescribed medication.

The defense's expert, a physician's assistant, said that alcoholism does not contraindicate a patient's use of Soma. The defense's expert internist agreed. He reviewed the coroner's analysis of the alcoholic content of Bee's blood, and said the concentration, 0.1, would not have impaired Bee's understanding of the amount of Soma that he was ingesting. A coroner estimated that Bee had consumed as many as 30 tablets of Soma. The defense's expert toxicologist noted that Callahan had recommended daily doses of as many as four tablets of Soma, and said the recommended dosage would not have harmed Bee.

The jury rendered a defense verdict.

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