Lincoln Journal Star Covers Keating, O’Gara Tort Claim Filing for Death of Olivia Manes

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Olivia Manes, seated between her parents, Tina and David Manes, and pictured with older sister Suzanne, age 20, and brother Jesse, age 14, at Christmas time.

From the Lincoln Journal Star:

Parents sue state to get answers in daughter’s death
By DEENA WINTER
Lincoln Journal Star
Friday, Feb 13, 2009

At first, she was known only as Client 1.

An 18-year-old Beatrice State Developmental Center client had died.

Three hours after going into a seizure, she was dead.

She hadn’t had a seizure since 1999, when she began taking Klonopin to control them.

Her parents didn’t know it, but three days earlier, Beatrice staff had stopped giving her the medication, triggering what their attorney calls “a cascading series of medical errors.”

At about 3 a.m. on Jan. 16, her parents were awakened by the Pawnee County sheriff.

Client 1, as she was referred to in a state investigation, was dead.

But she had a name: Olivia Manes.

On Thursday, Tina and David Manes filed a $1.75 million claim against the state for wrongful death and the “pre-death terror, pain and suffering” of their daughter Olivia. They alleged at least 10 errors in her care.

A spokeswoman for the state declined to comment on the filing.

Tina and David learned Olivia had Dandy-Walker Syndrome when she was 2 months old. She was blind and mentally retarded. She never walked. She had 15 to 20 seizures per day.

They kept her home until she was 6 and it became clear they could no longer care for her. She had difficulty swallowing. Feeding her took a couple of hours. She wasn’t getting enough fluids.

Immediately, they knew where they wanted her to live.

David’s older brother, Mark, had Down Syndrome and lived at the Beatrice center.

“I grew up out there,” said David, a Beatrice native.

Tina said she felt guilty because she had “selfishly” kept Olivia at home longer than perhaps she should have. When she went to Beatrice, she was so small and possibly malnourished they could carry her like a toddler.

In Beatrice, she learned to eat, drink and swallow properly. She came to love eating.

She thrived, particularly after she began taking one tablet of seizure medicine daily. It was her lifeline.

She loved music especially Shania Twain and Christmas songs. She loved feeling the breeze on her face when someone pushed her wheelchair outside.

The Maneses and their son and another daughter live 39 miles away from Beatrice, in Steinauer. They visited Olivia at least weekly.

When she heard their voices, her mother said, she would light up and reach her hands out for a bear hug that could give you whiplash.

She loved to nestle her cheek next to yours, Tina said, crying at the memory.

They felt like she was meant to spread joy at Beatrice.

When they got the call telling them she’d died, they couldn’t understand how their girl, who hadn’t had a seizure since 1999, could be gone.

Two weeks after burying their daughter, the Maneses learned some of the heartbreaking details of Olivia’s death while watching the evening news.

Walgreens Loses Medication Error Lawsuit

Forbes reports that Walgreens was hit with a large verdict due to a medication error that resulted in a patient taking ten times the proper dosage.

A jury awarded $25.8 million Friday to the family of a cancer patient who was given a wrong prescription, had a stroke and died several years later, lawyers said.

Beth Hippely was prescribed Warfarin, a blood thinner, in 2002 to treat breast cancer. The prescription filled at a Walgreens pharmacy was 10 times what her doctor prescribed, court documents said.

The Polk County Circuit Court jury found the prescription error caused a cerebral hemorrhage resulting in permanent bodily injury, disability and physical pain. The mother of three died in January at the age of 46.

A 19-year-old pharmacy technician, with little training, misfiled the prescription, according to court documents.

If you or a loved one have been injured due to a medication error, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Posted on August 20, 2007 in Medication Errors
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Warning: Ben Gay Can Kill You

The Denver Post reports on this nearly unbelievable story of a death caused by a sports cream:
A medical examiner blamed a 17-year-old track star’s death on the use of too much anti- inflammatory muscle cream, the kind used to soothe aching legs after exercise.

Arielle Newman, a cross-country runner at Notre Dame Academy on Staten Island, died after her body absorbed high levels of methyl salicylate, an anti-inflammatory found in sports creams such as Bengay and Icy Hot, the New York City medical examiner said Friday.

The medical examiner’s spokeswoman, Ellen Borakove, said the teen used “topical medication to excess.” She said it was the first time that her office had reported a death from using a sports cream.

If you or a loved one have been injured due to the negligence of another, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

Jury Finds Fentanyl Patch Caused Death

From The New York Times:

A federal jury on Tuesday awarded $5.5 million to the father of a man who died while wearing a drug patch made by two Johnson & Johnson subsidiaries.

The jury in Federal District Court in West Palm Beach found that Janssen Pharmaceutica Products and the Alza Corporation, both based in New Jersey, were liable in the death of Adam Hendelson, 28, who died in 2003 while wearing the companies’ Duragesic patch.

The patch delivers controlled doses of the powerful painkiller fentanyl.

If you or a loved one have been injured due to medical negligence, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.

E-Prescribing: Can it Reduce Medical Errors?

Law.com reports that the use of electronic communications between doctor and pharmacy may help cut down on mistakes:

The widespread use of electronic systems to send prescriptions from doctors to pharmacies promises to prevent thousands of life-threatening medical errors, save billions of dollars in health care costs and even drive more business to drug stores.

Still, the vast majority of U.S. physicians have yet to adopt electronic prescribing, or e-prescribing, for the estimated 4 billion prescriptions they write annually, a situation that a phalanx of corporations and the government are working to change. One coalition promoting e-prescribing estimates that as many as 20 percent of the 550,000 practicing U.S. physicians had the technology to send e-prescriptions, but that only 5 percent actually have been using it.

With e-prescribing, physicians can use hand-held or desktop computers or “smart” mobile phones to send patient drug prescriptions to pharmacy computers.

Beyond conveying prescriptions, systems can alert doctors to potential drug interactions or dosing problems, eliminate handwriting errors, automate the time-consuming renewal process, provide data on a patient’s drug plan, and potentially cut thousands of pharmacy calls to doctors. Hospitals, insurers, technology companies, regional collaboratives and pharmacies have been working to advance adoption of e-prescribing.

If you or a loved one have been injured due to a medical error, please call Keating, O’Gara, Nedved & Peter at 888/234-0621 or fill out the contact form on this site. Your first consultation is free and we handle cases on a contingency fee basis.


From offices in Lincoln, Nebraska, attorneys at Keating, O'Gara, Nedved & Peter, P.C., L.L.O. serve clients in Lincoln, Grand Island, Kearney, Omaha, Hastings, Norfolk, Fremont, Beatrice, Broken Bow, Valentine, Lexington, North Platte, McCook, Ainsworth, O' Neill, Wayne, Norfolk, Fairbury, Kimball, Sidney, Seward, York, Aurora, Columbus, and communities throughout Lancaster County, Adams, Buffalo, Custer, Gage, Hall, Lincoln and Red Willow Counties, and those injured in traffic accidents on Interstate Highway 80, and Nebraska state highways 81, 83, 183, and 281.