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Quaid vs. Baxter HealthCare Corporation

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by

Bonnie Skinner

on 20 May 2014

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Transcript of Quaid vs. Baxter HealthCare Corporation

Thank You!
Background

Plaintiffs: Zoe Grace Quaid& Thomas Boone Quaid, twins, are minors, 2 1/2 years old. Plaintiff Dennis Quaid has been appointed guardian by the
Superior Court Of The State Of California County L.A.
for the purpose of this action
.
Additional Info:
On May 21, 2010 , the Los Angeles Supreme Court filed that the best case type that describes this case is under the headline:"Other PI/PD/WD (personal injury/property damage/wrongful death) tort" and the box checked off was product liability.
Application
The two vials containing Heparin were very similar in size, color, and appearance, and had no distinguishing markings, color, or information on the top cover. Both the 10 unit ml vial of "Hep-Lock" and the 10,000 unit ml of Heparin Sodium had a blue background color to its label. Since a readily foreseeable error in administration could lead to a dangerous or fatal result, the vials should have been in completely distinguishable size and shape; and/or the caps of different colors or distinguishable marks.
The defendants of this case knew of the danger of an accidental mix-up, and the consequences that could follow. In which they should have taken more cautious steps to warn and to distinguish between these two vials. Also, the defendants act of negligence was the cause of the twin's injuries. The Baxter Healthcare Corporation failed to warn healthcare providers that these two products can be easily mixed up due to the their non-distinguishable vials.
Rule of Law
By: Bonnie Skinner
Quaid vs. Baxter Healthcare Corporation
Negligence Against Defendant
On November 18, 2007, defendants
Baxter HealthCare Corporation
furnished two of their products to the medical facility known as Cedar-Sinai Medical Center in the care& treatment of infants with various medical conditions. These products both contained Heparin, but in drastically different amounts.

Heparin Sodium vs. "Hep-Lock"
Heparin Sodium: vials of 10,000 units per milliliter; suitable for only serious cases where potential life threatening blood clotting and similar situations were a risk.

"Hep-Lock" vials of only 10 units per milliliter; used to clear IV lines.

Legal Issue
The twins were both hospitalized in Cedar-Sinai due to a staph infection. It was necessary to flush the infants IV lines, and "Hep-Lock" was ordered for them. However, in error, a vial of Heparin Sodium was selected and used. Which means that 10,000 units of Heparin Sodium was consumed rather than 10 units of "Hep-Lock.

Baxter Health Center failed to issue an adequate and accurate urgent warning to all of the healthcare providers that had purchased the product about the fatal medication errors that have previously occurred with these vials.
As a legal result of being administered full strength 10,000 units per milliliter of (Heparin Sodium) the newborn plaintiffs, both sustained and suffered severe and life threatening reactions, internal injuries, shock & other injuries, which may be permanent in nature and could cause serious complications in the future.
Negligence Tort
This case involves the failure to use reasonable care; causing harm or injuries to the plaintiff. Reasonable care in this context, includes warning all healthcare providers of foreseeable risks that the healthcare corporation knew about. If the healthcare corporation breaches this duty they are responsible for all injuries or losses suffered by plaintiffs.
Conclusion
As a legal proximate result of the previously mentioned product defect and/or act of negligence by the Baxter Healthcare Corporation, plaintiffs Zoe Grace Quaid and Thomas Boone Quaid both sustained and suffered severe and life threatening reactions, and internal injuries.


Outcome
The twins recovered from the over prescribed drug, but the Quaids were on a mission to prevent the mistake from happening to others. They sued the manufacturer of the drug, Baxter Healthcare Corporation, for more than $50,000. Later on, Quaid and his wife filed a suit against Cedars-Sinai Medical Center and received a $750,000 settlement from the hospital.
Works Cited
http://abcnews.go.com/GMA/OnCall/story?id=3896544&page=1

http://www.eonline.com/news/182618/dennis-quaid-sues-over-twins-near-fatal-overdose

http://abcnews.go.com/GMA/story?id=3956580

http://www.foxnews.com/story/2007/11/21/dennis-quaid-twins-among-three-newborns-given-drug-overdose/
Full transcript