Negligent Over-Medication with Zocor Results in Partial Paralysis
The following excerpt from a Notice of Intent to File Claim, or more commonly called “Notice of Intent to Sue,” is a recent case that the litigators at Erlich, Rosen, Bartnick & Cook, P.C., have begun on behalf of one of our clients. If you wish to discuss a medical malpractice claim please contact ERBC at either www.ERBClaw.com or 1-800-595-0506 for a free consultation.
Factual Basis for Claim
Plaintiff, age 55, had been a patient of Defendant hospital system for over thirteen years. He had been seen on multiple occasions, especially by the internal medicine clinic. At various times between 1994 and August of 2006, Plaintiff’s cholesterol level, particularly his LDL was borderline elevated. An attempt was made to control his cholesterol levels by diet. He was successful in lowering his LDL into acceptable levels with diet and exercise.
On August 28, 2006, Plaintiff was seen at the internal medicine clinic of Defendant hospital. The purpose of this visit was for follow up of his chronic medical problems including but not limited to atypical chest discomfort, hyperlipodemia, and hypertension. At this point, Plaintiff was taking aspirin (81 mg), Verapamil ER (240 mg) one tablet per day. His weight was 220 lbs (approximately 25-30 lbs more than it had been when he initiated diet control of his borderline elevated cholesterol). His cholesterol levels of the last lab work provided prior to August of 2006 was similar to his lab values as it had been when the initial borderline hyperlipidemia was originally diagnosed in the mid 1990’s. On this occasion, Defendant Internal Medicine doctor initiated treatment with Simvastatin (Zocor) 40 mg.
Plaintiff returned to Defendant Hospital on December 28, 2006 and was complaining of right lower back pain – achy, dull, and throbbing pressure. At that time it was noted that Plaintiff was taking Zocor 40 mg, Aspirin and Verapamil.
On January 17, 2007, Plaintiff was seen at Defendant hospital by a second Defendant Internal Medicine physician. At that time she was well aware of the fact that her patient was taking Zocor (40 mg per day), and Verapamil ER (240 mg per day). No lab work was ordered during this visit. The Plaintiff was continued on his prescribed medications.
On May 3, 2007, Plaintiff was seen by two more Defendant physicians. It is recorded in their medical records that the patient was having muscle weakness which likely was secondary to myopathy caused by Zocor (40 mg). Plaintiff was instructed to stop taking his Zocor and was sent home rather than admitted to the hospital for treatment.
Four days later Plaintiff’s condition significantly worsened and on May 7, 2007, he was hospitalized at Defendant hospital for an extensive stay for severe myopathy including but not limited to extensive weakness to his legs and arms. This was diagnosed as being caused by the use of Zocor (40 mg). Plaintiff had an extended hospitalization with physical therapy. He has continued to need extensive therapy for his generalized weakness. His weakness is more pronounced in his lower extremities. To date he still has significant loss of strength and weakness in his legs which at this point in time is likely a permanent condition. His condition was caused by the use of Zocor (40 mg) and may have been worsened by the other medications he was receiving including Verapamil which is known to cause an exacerbation of the effects of Zocor.
If Plaintiff had been adequately informed of alternative methods to control his cholesterol, he would not have taken Zocor (40 mg) and would not have developed the severe myopathy. It is well known that Zocor can cause myopathy. In fact it was the specific diagnosis of the treating physicians at Defendant hospital that the Plaintiff’s weakness (myopathy) was secondary to the ingestion of Zocor (40 mg). Plaintiff’s pain, suffering, mental anguish, medical expenses, loss of employability, and all other damages could have been avoided.
If Zocor was to be prescribed, it should have been prescribed at a much lower dose (20 mg.). The higher dose of Zocor, especially when prescribed with Verapamil, significantly increased the risk of myopathy occurring. If the Zocor was prescribed at a lower dose, the Plaintiff would not have developed the myopathy which was caused by taking the prescribed 40 mg. of Zocor. All the injuries and damages that ensued including generalized weakness and specifically his extensive weakness of the lower extremities which is now a permanent condition, as well as all of his pain, suffering, mental anguish, medical expenses, and loss of employability could have been avoided.
