Dennis Quaid and his wife Kimberly Buffington filed a lawsuit this afternoon against the makers of Herparin after their newborn twins were given a 10,000 unit dose at Cedars-Sinai Hospital instead of the normal 10 units for infants. The bottles for each dose look exactly the same. The couple is seeking more than $50,000 in damages, according to People:
The Quaids assert that the company knew of previous dosage mix-ups, yet failed to recall shipments of the drug or properly warn hospitals of the dangers.
“On a negligence scale of one to 10, Baxter Corporation gets a 10,” the Quaids’ lawyer, Susan E. Loggans, tells PEOPLE.
Glad to see the Quaids are seeking justice for the potentially fatal medical mix-up involving their kids. That being said, on a “using numbers to denote severity “scale of one to 10, Susan E. Loggins gets a seven for immediately jumping to 10 during an interview. You drop that bomb in the courtroom. I’m not even a lawyer and I know that’s a rookie mistake. Granted, I’ve been sued in several (hundred) paternity cases, but still.
Princess of Darkness | December 4, 2007 at 5:33 pm
Definitely someone should own up to the responsibility – but shouldn’t they be suing the nurse who ADMINISTERED the dose instead of the manufacturer of the drug? JMHO….
fweem | December 4, 2007 at 5:34 pm
bananas
Riotboy | December 4, 2007 at 5:35 pm
Shouldn’t he sue the hospital instead of the drug company?
/never took the Bar Exam
LayDeeBug | December 4, 2007 at 5:36 pm
what’s Herparin? it sounds like Herpes meds.
brooklyn11218 | December 4, 2007 at 5:38 pm
fucking idiots neet to sue the HOSPITAL, not the manufacturers of the drug
veggi | December 4, 2007 at 5:44 pm
I heard he named the twins Ketchup and Marinara.
MindRiot | December 4, 2007 at 5:45 pm
Exactly – the hospital. Why the hell would it be the drug manufacturers fault someone OD on the amount taken? Weak.
Jimbo | December 4, 2007 at 5:49 pm
I understand that the O.D. made the kids retarded, but why is their dad retarded too?
lucifer's left nut | December 4, 2007 at 5:50 pm
i’m sure they aren’t done with the list of people they will sue. surely, they will sue the hospital. dennis quaid needs this money considering his acting skills can’t be keeping that family indoors. i wouldn’t be surprised if he was in on it himself. he probably never wanted the kids. men don’t want kids. they just want your pussy and those kids ruined that. i’d be pissed too.
chriso | December 4, 2007 at 5:52 pm
Well, A) if you read the article it clearly states the bottles allegedly aren’t manufactured to look different enough so as not to make such a mistake and B) duh, a drug company is going to have WAY more money to hand over than a hospital.
FRIST!!! | December 4, 2007 at 5:55 pm
Cedars-Sinai is pretty jewy, so I’m not surprised they tried to kill some Irish kids.
FRIST!!! | December 4, 2007 at 5:59 pm
#6, 8, and 11 Nice ones, troll.
And by nice ones, I mean FUCK YOU!!!
andrew | December 4, 2007 at 5:59 pm
kudos to only asking for 50,000 in damages. most idjit americans would go for millions and million.
Jimbo | December 4, 2007 at 6:14 pm
Fucking trolls..
no1justminda | December 4, 2007 at 6:30 pm
I’m surprised he went after the drug company rather than the incompetent nurses. I think this will be more effective than suing a hospital. It will make the drug company change the packaging for different dosages of heparin…that way the to-lazy-to-double-check nurses of the world won’t select the wrong dosage as easily.
lux | December 4, 2007 at 6:34 pm
Of course he went after the drug company, he’s not gonna get any money out of a nurse with an 80,000 dollar a year salary. Besides it was negligence on all parties. So sad.
Vince Lombardi | December 4, 2007 at 6:37 pm
Heparin – I think Fish has it misspelled – is an anti-coagulant. The dosage given the twins could have been fatal had the mistake not been caught immediately and countermeasures taken.
If you think about it, suing the company makes more sense. Look at the amount – $50,000. Not billions. I think Quaid and wife have thought this through. *Could* they sue the hospital? Sure. Would it make the manufacturer change the bottles so that nurses, many of whom are working double-shifts and are stretched to the max on nurse:patient ratios, make the necessary safety changes? No.
The Quaids aren’t looking to make money – $50K may be the minimum amount you can sue for in Federal Court (not sure about that part).
The object lesson here was for the manufacturer to stop making the bottles look identical for dosages that are vastly different – like the difference between rubbing alcohol and jet fuel. I’ve seen the bottles and the label is the only appreciable difference.
I’m sure the object here is to get the manufacturer to “settle” for the expense of changing how they differentiate between the two dosages. Some hospitals have taken to attaching a plastic ring around the neck of the larger dosage so that the med staff can make a visual ID on the run between the two. So if HOSPITALS know it’s a problem and are taking preventive measures, why isn’t the MANUFACTURER doing so?
Good job, Quaids. Hope your kids are doing well.
comments | December 4, 2007 at 6:39 pm
It’s called Heparin; it’s an anticoagulant (prevents blood clotting). In the nurses’ defense, they might be the ones who administer the drug, but the hospital pharmacy is responsible as well — they’re supposed to give out the correct doses for the nurses to administer. And finally, the very same thing mistake led to the deaths of several newborns earlier this year or late last year (I can’t remember), so it’s quite possible that something really DOES need to be done about the bottle labeling.
comments | December 4, 2007 at 6:41 pm
Or you could just read Vince Lombardi’s post, as he apparently got to the point just before I did.
S | December 4, 2007 at 6:42 pm
I agree with both of #10-chriso points. Most of the drugs I’ve worked with that had different dosages looked different from the other dosage strengths.
There’s many ways dosage mistakes can be made; in the Quaid’s case:
the tech put the wrong bottles into the drug container
however, nurses know their drugs often come from ‘just’ techs (as opposed to a full fledged pharmacist), so nurses are supposed to check dosage each and every time before administering
but, drug companies know that when the same drug comes in many dosages that confusion can happen (in the pharmacy as well as on the unit), and most companies make their different dosages look different (different colors, larger print on dosage area)
The Quaids’ attorney said “that three children in Indiana died from a similar mix-up.” Obviously there’s a pattern. I think the reason the Quaids are asking for so little, and not going after the nurse/hospital is to force drug companies into properly labeling differently dosed drugs. If the drug company loses, they, and other drug companies will probably do a better job, or face further damages in the future.
PS – veggi: you’re despicable and creepy
You know me | December 4, 2007 at 6:49 pm
Yea, everything veggi writes is pretty lame and never makes me laugh. Because of this, I think she’s probably ugly. And I’m against that.
Cowgirl | December 4, 2007 at 6:49 pm
Quaid is a 10 on the hotness scale! That is what I would say if I was his lawyer.
PunkA | December 4, 2007 at 6:50 pm
I think they already settled up with the hospital people. They are suing the drug company so they change their labelling so it does not happen again. The labels for those dosages are just too similar, and the dosage amounts are HUGE differences. Consider it a public service. I do. If it was about money, they’d sue for more than $50k. It is about making sure this crap never happens again, and getting some PR to an issue that could happen to anyone.
Bareback | December 4, 2007 at 6:52 pm
Wanna do some bareback riding cowgirl?
Cowgirl | December 4, 2007 at 6:53 pm
I’m glad they had the composure to sue. I would be too busy throttling the nurses/Dr that admistered the drugs and destroying the hospital to think about suing, but then maybe I wouldn’t (I’m not Akon–come on)!
Cowgirl | December 4, 2007 at 6:55 pm
Hey #24, is that you punkA?
For the record... | December 4, 2007 at 6:57 pm
@17
…the amount in controversy for federal court has to be $75,000 in a diversity case, or the issue has to be based on a federal question. It’s irrelevant in this case, as Quaid filed in Cook County Superior Court.
And if the media is to be believed, it makes sense to sue to the drug manufacturer, because this is a product liability case.
PunkA | December 4, 2007 at 6:58 pm
Just a troll. Not that I have a problem with it this time.
PunkA | December 4, 2007 at 6:58 pm
Just a troll. Not that I have a problem with it this time.
grosemommy | December 4, 2007 at 7:24 pm
As a Mother and Grandmother, I feel your pain .What a horrible mistake and I pray for you and your children.May God Bless your family.
cowgirl | December 4, 2007 at 7:25 pm
Well, that could be a “drafty” proposition!
cookievanderbilt | December 4, 2007 at 7:36 pm
TOTALLY commendable to only ask for $50,000. Quaid is trying to effect a public change through a product liability suit.
For starters, they’re newborns that lived. Future damages are untold since no studies have been done on longterm effects of heparin ODs. Most importantly, Quaid is obviously smacking the company with a lesson, not trying to make dough. Good man!!
He is also making himself look good in the process, and assuring himself LOADS of free good publicity while his case lingers on in court for the [expected] next 3-4 years.
He could still attempt to sue Cedars for the (obvious) negligence of its nursing staff , which by the way, he has one year from date of injury to decide that.
(BTW: My guess is private out of court settlement with hospital for tonz of dough. Hospitals have insurance policies for that shit.)
For the record.. | December 4, 2007 at 7:45 pm
@32…
…Ah, if Quaid decided to sue the hospital for malpractice, he has two years, not one. Moreover, if the injury doesn’t manifest itself (cannot be observed) in the two years, the SoL can extend to four.
/Just sayin’.
For the record.. | December 4, 2007 at 7:46 pm
@32…
…Ah, if Quaid decided to sue the hospital for malpractice, he has two years, not one. Moreover, if the injury doesn’t manifest itself (cannot be observed) in the two years, the SoL can extend to four.
/Just sayin’.
julee | December 4, 2007 at 7:48 pm
OMG. a guy disclosed his important info to interracialconnect.com which is a niche interracial dating site. It caused huge discussion there. wanna know
For the record.. | December 4, 2007 at 7:50 pm
@32…
…Ah, if Quaid decided to sue the hospital for malpractice, he has two years, not one. Moreover, if the injury doesn’t manifest itself (cannot be observed) in the two years, the SoL can extend to four.
/Just sayin’.
Anonymous | December 4, 2007 at 7:54 pm
I’m glad not many people here are blaming the doctors involved (except #25). As a doctor, I can say that any misadministration that I’ve seen has been on the part of the pharmacist/RN/tech/hospital system. The physicians obviously know what the correct dose is in the context of the patient (10,000 units of Heparin is an acceptable dose for an adult in some scenarios). But yes, #25 go ahead and blame doctors for medical malpractice when in all likelihood, the correct dose was prescribed, and the wrong dose administered. We only graduate from college and medical school and then complete anywhere from 3-8 years of postgraduate training while working 80+ hours a week (for what averages out to less than minimum wage during residency) to save people like you who are looking to sue us into the ground.
justtheobvious | December 4, 2007 at 10:48 pm
I guess he has to get money from someplace. He sure as heck can’t get an acting job.
Grape Ape Pees Wine on You | December 4, 2007 at 11:33 pm
#32 is right.
More importantly, juries can award punitive damages that plaintiffs don’t request. Juries can award punitive damages that can punish a company enough to set an example. It’s too bad that they don’t actually do this enough.
Seriously? | December 4, 2007 at 11:56 pm
Anyone else shocked and horrified by the ‘Jewy’ comment???
FRIST!!! | December 5, 2007 at 12:20 am
Hey, dumbass, that was my troll, I don’t talk that way…EVER!!!!!
3Foot Lizard | December 5, 2007 at 12:32 am
I just left a job where I was a pharmacy tech. I can tell you that the error is the fault of the hospital. They even admitted an “avoidable” error was made! You have to check the label every time for exactly these reasons!
Quaid is a POS looking for money. I knew he was a jerkoff, but not on this scale.
3Foot Lizard | December 5, 2007 at 12:33 am
BTW, I agree with post 37. They are dead on.
wason smith | December 5, 2007 at 12:38 am
Then i can know the reason why he created a account at a muslim matrimonial site http://www.muslimonly.com/i/registration ,
thought he uploaded a side face photo. But some users still recongnied him. maybe he wants to date to a gental girl?
andrew | December 5, 2007 at 12:50 am
I imagine the drug company is going to settle this quickly by opening up their petty cash fund box at their nearest office.
toya | December 5, 2007 at 1:09 am
haw-haw, i just heard a slur that he was pampered by a rich woman who he met on sugarmommymeet.com where rich women find their sugar babies.
Richard P. Carroll | December 5, 2007 at 1:10 am
I think Dennis Quaid and his wife are way off base on this one. They should be suing both the nurse and the hospital.
Richard P. Carroll | December 5, 2007 at 1:10 am
I think Dennis Quaid and his wife are way off base on this one. They should be suing both the nurse and the hospital.
angela | December 5, 2007 at 1:38 am
“nurses, many of whom are working double-shifts and are stretched to the max on nurse:patient ratios”
The problem is the hospital and lack of staff resources. Suing the manufacturer does not correct this. It also does not change the fact that these over-worked nurses could make a similar mistake not related to dosage.
The manufacturer is regulated by the FDA. The FDA approves these labels. The manufacturer designs said labels according to guidelines given by the FDA. So even if you could prove that the mistake was because of labeling, which it is not, it would be inappropriate to sue the manufacturer when the FDA (i.e.: the government) is ultimately responsible for the labeling.
Choocher | December 5, 2007 at 2:16 am
50 friggin Gs? For two kids!? Oh wait, that’s what he got for the Jerry Lee Lewis film, all for just acting like he just got hit with a two by four. His brother Randy’ll give ya a blumpkin for 50 bucks, by the way.