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Error in compounding medication leads to $13 million settlement

A child who suffered a catastrophic brain injury when he was given an incorrectly compounded home infusion has received a $13 million settlement.

The child required home infusion services for an IV dextrose solution he required for supplemental nutrition because of short bowel syndrome. A physician order required the child, who was four, to receive a 10% dextrose, ½ normal saline solution. Instead, a solution containing between 54 and 61 percent dextrose, more than five times the amount of dextrose ordered, was given, resulting in the child’s catastrophic brain injury.

The overdose was traced to the compounding process at the home infusion provider’s local branch. Witness testimony showed that none of at least seven safety checks were performed as required by policy with regard to the child’s solution.

Plaintiffs alleged there were staffing issues, training failures, and prior failure to follow safety policies in addition to the errors regarding the solution at issue.

Settlement Report

  • Medical Malpractice
  • Amount: $13 million
  • Injuries alleged: Catastrophic brain injury to minor child
  • Attorneys for Plaintiffs: David Kirby, and Kristen Beightol of Edwards Kirby, LLP; C. Mark Holt and David Sherlin of Holt Sherlin, LLP; Laurie Armstrong of Laurie Armstrong Law, PLLC; and Richard L. Anderson of Price, Petho & Anderson.
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    Attorneys Cate Edwards, Winston Kirby and Mary Kathryn Kurth were named "Top 40 Under 40" by the National Trial Lawyers.
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    Attorney Cate Edwards has been selected for this prestigious award after undergoing a stringent evaluation process based on peer recognition, past results, and reputation. Only the top 10% of attorneys in each state are selected to the final list.