Criminal Law Keyed to Dressler
Zuchowicz v. United States
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Plaintiff filed a prescription for the drug, Danocrine. The prescription erroneously instructed Plaintiff to take 1600-milligrams of Danocrine per day. This was twice the maximum recommended dosage. Plaintiff took the 1600-milligram dose each day for a month and experienced abnormal weight gain, bloating, hot flashes, night sweats, a racing heart, chest pains, dizziness, headaches, acne, and fatigue. She was told not to take the drug anymore. She was diagnosed with primary pulmonary hypertension (PPH). She was expected to live two and a half more years. She was on the waiting list for a heart lung transplant when she became pregnant. Because she was pregnant, she was ineligible for a heart lung transplant. She gave birth to her son and died a month later. Plaintiff claims that she developed PPH because of the overdose of Danocrine and brought suit against Defendant under the Federal Tort Claims Act. * Expert testimony revealed that Danocrine was responsible for Plaintiff’s PPH. The doctor did not rule out all other possible causes of PPH, but he did exclude all other causes of secondary pulmonary hypertension. Expert testimony also ruled out all previously known drug related causes of PPH. The progression and timing of Plaintiff’s disease in relation to her overdose supported a finding of drug-induced PPH. * Judgment for Plaintiff. Defendant appealed.
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