Methadone mixup

Acies · Post by **Acies** » August 18, 2003, 6:30 pm

http://www.cnn.com/2003/LAW/08/18/pharm ... index.html

ALBUQUERQUE, New Mexico (AP) -- The family of a brain-damaged boy who received methadone instead of an anti-hyperactivity drug has asked for millions of dollars in sanctions against Walgreens.

Attorneys for Joshua Dunbar made the request Friday, after a mistrial was declared when a store pharmacist testified that a prescription that Walgreens said proved it could account for all the methadone in its Espanola store was forged.

Lawyers for the Dunbar family on Friday gave the court affidavits from jurors who said they had been prepared to return a verdict of perhaps $350 million or more in damages against Walgreens before the mistrial was declared.

Joshua was described as a bright, hyperactive 7-year-old who was supposed to get a generic version of Ritalin. Instead, his family's lawsuit claims, he got methadone, a drug used to wean addicts off heroin.

On November 10, 2001, Joshua felt ill, went to sleep and couldn't be awakened. He spent six days in a coma and two months in hospitals where his lawyers say diagnostic tests confirmed strokes and permanent brain damage.

After the boy's hospitalization, state police seized vials of Joshua's medicine. One of them had the Ritalin clone, the other methadone.

The judge declared a mistrial August 5 after the Walgreens pharmacist testified about the allegedly fraudulent prescription. The Walgreens lawyers withdrew from the case, disputing any allegation of wrongdoing. Walgreens has denied all allegations in the lawsuit.

Walgreens has argued that its procedures safeguarded against errors such as the one alleged by Dunbar's lawyers. Any injury to Joshua, the company argued, was not Walgreens' fault.

Rick Mascarenas, the Walgreens pharmacist, testified that a Walgreens attorney told him she had found a missing prescription that reconciled an apparent discrepancy in the store's methadone inventory.

Mascarenas, who was also named in the lawsuit, said he believed the prescription had been forged and that he told his supervisor about it.

"Nothing was done by anyone at Walgreens ... until Mr. Mascarenas decided to confess this conspiracy in open court on August 5, 2003," the request for monetary sanctions says.

Michele Estrada, one-time pharmacist and Albuquerque attorney defending Walgreens, denied that her law firm was involved in any misconduct.

A Walgreens corporate attorney in Deerfield, Illinois, did not return a message Saturday seeking comment. There was no answer at the company's legal department Sunday.

So basically, parents of said child get his ridillin filled at Walgreens. Only they don't give him ridillin, they give him methadone. Methadone is used basically on heroine addicts to wear them off of it.

Walgreen's says "not our bad", that there are computer checks in place, etc to prevent this. Methadone is very carefully regulated and accounted for by federal law.

Well, then the pharmacist goes to the stand and says that the RX was a forgery, basically one that Walgreens pulled out of their asses.

Bad enough to give this kid methadone, but creating a forgery then lying to cover it up is fucking criminal.

Adelrune Argenti · Post by **Adelrune Argenti** » August 18, 2003, 7:26 pm

Ritalin is also a controlled substance and is monitored by the FDA I believe. Either way, a very sad situation and a very huge mistake on the part of the pharmacy if they did give out the wrong medication. However, don't you think $350 million is a bit excessive in punitive costs?

masteen · Post by **masteen** » August 18, 2003, 7:31 pm

Can you put a price on either of your kids, bro?

Adelrune Argenti · Post by **Adelrune Argenti** » August 18, 2003, 7:42 pm

No, but that is the point. $350 million seems an odd number. I am not too sure how I feel about the punitive damages we see awarded all the time. On the one hand, I feel there needs to be some deterrent from stopping something like this happening again. On the other hand, I see these huge awards and think they are the primary reason the legal system is how it is today.

kyoukan · Post by **kyoukan** » August 19, 2003, 2:56 am

Punitive damages in the form of monetary compensation are an important part of a free market capitalistic society because losing money is the only thing corporations care about.

You just need better tort law in your country to protect your system from frivolous lawsuits. I don't consider this lawsuit to be frivolous.

Judges to need more authority to use their jedgment and throw cases out of court and the bar association needs to step up and severely cap how much a law firm can make off a single lawsuit (if in this case the family was awarded the full amount the lawyer would probably have received somewhere between 120 and 170 million dollars for a fairly open and shut case).

The real tragedy is this stupid trend of drugging your fucking kid up. What the hell is a hyperactive seven year old? if the kid can be described as "bright" and "nice" then there's no reason to be rankling the poor little bastard up on ritalin. You give that shit to kids who throw furniture around and light the dog on fire and try to strangle the baby, not because he is "hyperactive." Why do people raise their children to become pill popping lethargics?

Denadeb · Post by **Denadeb** » August 19, 2003, 4:18 am

ADD depending on the person can be a problem or not. I grew out of mine or learned to control it for the most part with out drugs. I don't agree with just giving kids ritalin. I tried it a couple times when I was young prob around 10 and I hated it made me feel like a zombie. My parents told me I didn't have to take it after I told them that. Some people really do need to be on it but the vast majority of people they prescribe it too don't. It all boils down to money and I personaly think thats sad.

They also diognose a lot of younger kids with add when they dont even have it they just happen to be hyperactive.

Chidoro · Post by **Chidoro** » August 19, 2003, 10:09 am

To continue this tangent discussion

I'm not sure if I believe that certain diseases that were once considered mental are really physical w/ mental symptoms such as ADD or depression.

The Ritilin thing is really quite scary. I thought enough info got out about this drug that would put it in the last resort category. It's a shame that doesn't seem to be the case w/ this family.

Fallanthas · Post by **Fallanthas** » August 19, 2003, 10:27 am

Shit.....

I agree with Kyoukan. Good post.

Pahreyia · Post by **Pahreyia** » August 19, 2003, 10:30 am

/agree Fallanthas.

I pulled a double check there too. Have to hand it to her, she was on point on this one.

Atokal · Post by **Atokal** » August 19, 2003, 11:01 am

I *cough* also think Kyoukan's post was excellent.

OMG AM I GOING TO HELL NOW?!!?!

Society today seems to look for the easy answers when raising children. Some would rather put their kids in a drug induced stupor than spend the time to understand the problem and find alternative methods of treatment.

Neost · Post by **Neost** » August 19, 2003, 11:23 am

ADD gets a lot of attention from teachers and administrators. I have 3 kids, a boy and 2 daughters.

My son was a typical kid in elementary school and was ALWAYS on the move wanting to do something. And like most kids, he would've rather been outside on the playground than in the classroom. Teachers and administrators decided he had ADD and gave him an evalution without my consent or involvement.

Then, when I refused to take him to be "formally" evaluated they called Department of Human Services and accused me of not providing proper medical treatment for my son. I had DHS crawling up my ass for almost a year after that.

I decided quite some time ago that teachers overuse that as a way to control their classes as opposed to enforcing the rules. Drug the damn kids into submission.

Oh yeah, and in case you were wondering I did eventually take my son to be formally evaluated just to prove my point. He was diagnosed as a normal eight year old with no signs of ADD or the soon to be popular ADHD.

Silvarel Mistmoon · Post by **Silvarel Mistmoon** » August 19, 2003, 11:39 am

The real tragedy is this stupid trend of drugging your fucking kid up. What the hell is a hyperactive seven year old? if the kid can be described as "bright" and "nice" then there's no reason to be rankling the poor little bastard up on ritalin. You give that shit to kids who throw furniture around and light the dog on fire and try to strangle the baby, not because he is "hyperactive." Why do people raise their children to become pill popping lethargics?

WRONG! IF a child is lighting a dog on fire or trying to strangle a baby or throwing furniture around they do NOT need ritalin. They have serious mental problem.

ADD and ADHD is very real and ritalin has been around believe it or not for 30 years. You just didn't hear of it until recent years.

IF you suspect your child is either ADD or ADHD take them and have them tested twice by two different doctors. Public schools HAVE to have a child tested that shows the signs by the way. (as well as any LD signs)
A child with ADD or ADHD can not concentrate in school, the smallest of noises or actions will make their attention drift. Their handwriting a lot of times is very sloppy to the point of not being on the line or readable. They don't seem to make the connections in learning a lot of times. Home work at night that should take 20 minutes takes if your lucky 3 hours. You will see a lot these kids acting up or very impulsive or very moody.
Once the child is tested and starts the proper meds and gets a sturctured schedule down you will see all of these things improve.

If while taking any of the meds for ADD and ADHD you are depressed or feeling like a zombie your should be seen by a Doctor that deals with this a lot.

There are parents out there that would put their kids on these medicins thinking they would make thier kids "behave" or "be good kids" it doesn't work.
The way the meds work is believe it or not reversed from how speed works. When you have this your brain is not getting the stimulation it needs, it's in a very small part of the brain and when taken this medicine when properly diagonesed it tweeks that part of the brain. These of course are simple terms to explain its action.
If you are not ADD or ADHD and you take these meds they act almost like speed. I know because I took a 10 mil ritailin one time and thought I would throw everyone out that wasn't moving fast enough, I was very nervous also.

There are several books in the stores or libraries about this topic.

And if you wonder how I would know anything about this my 13 year old had delt with it since she was 6years old she has been tested by Dr.s and at Auburn Univ. for IQ and ADD and ADHD. She has been taken off ritialin and place on Adderall because of no weight gain and moody swings years ago and hasn't had that problem since. She has been taken off the adderall in the 6 grade to give her a chance to deal with out the help.
when she went from a above average student to a failing student, you might ask how that happened, because she couldn't turn in her homework we fought for 3 hours a night to get done but made A's on every single test she took the first 6weeks we put her back on her adderall, she went straight back to making A's and one B.
Now she is starting High school and has asked a chance to try with out it again which she has been granted in hopes that puberty settled her down some, yes this does effect kids brains.
Also I have been a teachers aid in elementry school in Va Bch before and worked in a room that was nothing but ADD and ADHD kids and that taught me more then I could have ever guessed.

Society today seems to look for the easy answers when raising children. Some would rather put their kids in a drug induced stupor than spend the time to understand the problem and find alternative methods of treatment.

There are some alternative methods of treatment. A lot of that can come from how a teacher treats that child concerning work being done in class and to be turned in. Also making everything very structured is a must. Unfortunatally for some kids it's not enough and they have no choice but to use some meds. Also when taking the meds you still have need to be sturctured and the schools have to be trained to work with these kids.

Also final point most of these kids are very very smart kids. At one time people thought they weren't because they fall under the learning disablities laws at school, but once they can't focus on what they are learning its amazing to watch a child soak up information like a sponge and learn.

kyoukan · Post by **kyoukan** » August 19, 2003, 3:30 pm

Yeah keep convincing yourself of that while you whack your kids out on pharmeceuticals so you can play everquest 6 hours a night.

Kilmoll the Sexy · Post by **Kilmoll the Sexy** » August 19, 2003, 4:22 pm

A good old fashioned belt to the ass and some actual discipline by parents who pay attention to their child's behavior would put the Ritalin manufacturers out of business.

Kylere · Post by **Kylere** » August 19, 2003, 4:48 pm

//////////////////////THREAD CLOSED////////////////////////////////////////////

Okay this thread is now closed, if you want to know what the actual reality is, then go look at Kyoukan's post.

When I agree with Kyoukan, there is not reason for further debate, anyone not aware of this must be a board newbie, because it has happened ONCE before in 3 years.

///////////////////////THREAD CLOSED///////////////////////////////////////////

Silvarel Mistmoon · Post by **Silvarel Mistmoon** » August 19, 2003, 10:05 pm

Yeah keep convincing yourself of that while you whack your kids out on pharmeceuticals so you can play everquest 6 hours a night.

Wrong I never played EQ for 6 hours a night. And when you have children or work with them on a daily basis in the public schools then you can act like you know about them.

Traz-KOE · Post by **Traz-KOE** » August 19, 2003, 10:40 pm

I have to agree with Kyou also, having been one of those doped up kids in the past (Cylert, WHEE! Gotta love a weight loss drug that doubles as an ADD treatment). I spent 2 years zombified before I managed to move in with the other half of my family. I got better grades off the drugs than on, and generally enjoyed life more when I retained my hyperactivity.

For those not in the know, there are several types of ADD/ADHD, each with their own symptoms and effective treatments. I am personally familiar with hyperfocusing, where one task/thought/activity becomes most important, to the exclusion of all else.

Back on the actual topic, fuck Walgreens. They blew it and now it's time to pay the fucking piper. I do think 350M is a bit much, but on the other hand if they hadn't fucked up in the first place then this wouldn't even be an issue.

Neost · Post by **Neost** » August 19, 2003, 10:55 pm

I don't doubt that there are kids with severe ADD/ADHD or whatever acronym you want to throw at it.

But I'll be damned if I believe that it's as rampant as it is being made out to be. I've walked into a school and seen a parade of kids lined up outside the prinicipal's office coming in for their daily dose of "stfu and sit quietly so I don't have to deal with you".

Oh and btw, schools don't have to test anyone by law. If your state has a law that schools should test for ADD/ADHD you guys have lost your mind. A school is not a medical facility. The school may be able to refer a student for evaluation or consult with the parents and suggest an evaluation. If your state requires schools to test that is just blatantly wrong and you'll have counselors and teachers in the pocket of major drug companies in no time.

Here, a child can be referred. REFERRED. Period. End of Deal. This teacher and counselor took it upon themselves to administer an evaluation they were neither qualifed nor legally empowered to administer. There is no law that states I have to have my kid evaluated.

But that's ok...keep pushing the idea that almost every damn kid in your school system should be drugged up.

masteen · Post by **masteen** » August 20, 2003, 11:51 am

What I find most ironic is that the same parents feed their kids McDonald's, Fritos, and Snickers on a daily basis are the same ones that give them Ritalin to keep them from bouncing off the walls.

EDIT: Also, I've noticed that a lot of the parents who have Ritalin babies are pill-poppers themselves. To a mommy doped up on Valium or Xanex, a healthy, active 8-year old would seem to be the Tasmanian Debil.

Voronwë · Post by **Voronwë** » August 20, 2003, 12:04 pm

it can be so annoying when children act like children.

lets medicate that...

i think that the way drugs are prescribed for ADHD is pretty irresponsible. I know there are legitimate cases for it. My sister takes Aderol on occasion, and i think it helps her focus.

Ebumar · Post by **Ebumar** » August 20, 2003, 2:27 pm

When I was a kid I was diagnosed with ADD. You know what my dad did to cure that? A swift whip of the belt when I fucked around. Set me straight. Now I work in an awesome job, have good greats, full time student, and I have a real life. I am 19 years old and going on 120. Had they given me some bullshit drug, like what my retarded mom wanted, I would be WAY different.

Burke · Post by **Burke** » August 20, 2003, 5:09 pm

Focusyn is clearly the answer.