McNabola Law Group obtained a $1.25 million settlement in May 2020 for the family of a McHenry County man who suffered seizures and died after a pharmacy dispensed the wrong medication.
“We trust pharmacists with our lives and assume they’ll be diligent and double-check to make certain they issue the exact drugs prescribed,” McNabola Law Group partner Mark McNabola said. “When that doesn’t happen, the results can be devastating. We did our best to fully investigate and put together a comprehensive strategy to hold this pharmacy accountable.”
The decedent, a 56-year-old father and husband, had suffered from epilepsy since he was 13. At the time of his death, he was on a very tightly managed medication regimen.
When the man switched pharmacies in January 2015, the new pharmacy dispensed the anti-epilepsy medication Depakote ER (extended release) instead of the prescribed Depakote DR (delayed release), according to a wrongful death lawsuit filed by McNabola Law Group in McHenry County.
The man unknowingly took the incorrect formulation for three weeks before suffering a series of breakthrough seizures that led to his death.
The lawyers for the insurance company primarily defended the case by claiming the decedent was not compliant with his medications.
McNabola and partner Ruth Degnan obtained the $1.25 million settlement in May 2020. It is subject to a confidentiality agreement limiting the information that can be disclosed.
The victim is survived by his wife and adult son.
“Our client was a wonderful husband, father and friend; everybody loved him,” Degnan said. “He coached his son’s athletic teams and was very well respected by his neighbors and colleagues. His death is a huge loss to his family and their community. We are pleased that we were able to help obtain justice for his family.”