Lawsuit alleges prescription error led to man's death

Houston Chronicle June 18, 1994, Saturday; SECTION: A; Pg. 29

BYLINE: DEBORAH TEDFORD; Staff A Montgomery County woman has filed a wrongful death suit against a Conroe pharmacy, alleging that her husband died because of a mistake in dispensing his prescription medication. Lillian Powell alleges that her husband died from complications he suffered after taking an overdose of an antibiotic. Scott Sanes, attorney for Powell, said the medication was prescribed for a cold. Charles Powell died June 11, 1993 -- the day before his 81st birthday -- after taking a double dosage of Cipro for five days. He was erroneously given 500 milligram tablets of the drug by the pharmacist at the drug counter at Albertson's, 220 South Loop 336, instead of the 250 milligram tablets ordered on his prescription, Sanes said. James Doyle, attorney for Albertson's, said the company would have no immediate comment. Sanes said the overdose aggravated Powell's bleeding ulcers, causing his death. "It's a devastating loss. Both (the Powells) were elderly. They traveled and enjoyed hobbies together and now that's been taken from her,'' Sanes said. Powell filed the suit in state court, but Albertson's filed a petition this week to have the case removed to federal court. Carol Fisher, director of adjudication for the State Board of Pharmacy, said it is difficult to know how many deaths and serious injuries occur because of mistakes made in prescription medications. Texas law does not require that the board, which monitors pharmacies and pharmacists in the state, be notified of incidents arising from dispensing errors, she said. The Board of Pharmacy becomes involved when officials read or hear about a problem or when a member of the public calls with a complaint. The board can take disciplinary action against a pharmacist or the pharmacy where the medicine is dispensed. That action can include suspension, fines or license revocation. During fiscal 1993, the board investigated 940 complaints against pharmacies or pharmacists -- 220 involving some type of dispensing error, said Fisher. In the past four years, the board has entered 10 disciplinary orders involving four deaths and two serious injuries, she said.