Woman who sued pharmacy after getting 'used' injections awarded €39,000
High Court reporters
A woman who claimed she suffered post-traumatic stress syndrome after she found out three of the prescribed injections she received from a pharmacy were "already used" has been awarded over €39,000 by the High Court.
Lisa McGuire who was recovering after the birth of her fourth baby had just been injected with what should have been the prescribed anti-clotting medicine when she and her husband realised the vial was empty and two others in the box were the same.
She told the court she had to get a new box of injections from the pharmacy and when she later talked to the supervising pharmacist, he had no explanation and told her there was nothing she needed to do.
Hospital treatment
Days later she said she got a high temperature and went to hospital where she said she was told she should have had blood tests and had missed the 72-hour window where injections can be given to guard against Hepatitis B.
She told the court she had to wait two months before she was assured she had not contracted Hepatitis B and could not breastfeed her newborn baby.
Lisa McGuire (43) of Legan Rock, Carrickboy, Co Longford had brought an alleged pharmaceutical negligence claim against the supervising pharmacist at the time at Tully’s Pharmacy, Main Street, Edgeworthstown, Co Longford, Declan Tully and the pharmacy operator, Edgeworthstown Pharmacy Ltd with a registered address at The Pharmacy, Edgeworthstown, Co Longford over the incident in 2017.
It was claimed that two other injections in the four-injection box appeared used and/or empty and had their seals broken.
Precautionary steps
It was claimed when Mrs McGuire got to hospital due to the length of time which had elapsed she had missed out on a number of precautionary steps that can be taken during a 72-hour period in relation to Hepatitis B.
It was claimed there was a failure to deliver the standard of care which Mrs McGuire was legitimately and reasonably entitled to expect and that she had suffered emotionally and psychologically since the incident.
At the outset of the case, Mrs Maguire’s counsel Jonathon Kilfeather SC told the court that judgment had previously been granted by the court against the two defendants and the case was before the court for assessment of damages only.
In evidence Mrs McGuire said after the incident she felt she could not breastfeed or bond with her child.
“I was on edge with the memory of what happened . It was hanging over me. It was on my mind. I felt let down,” she said.
Making the award, Mr Justice Paul Coffey said that this had occurred at the worst possible time for Mrs McGuire when she had just given birth and what should have been a special time with her newborn baby was fundamentally interrupted.
After two months he said Mrs McGuire was reassured there was no risk in relation to Hepatitis B, but she had a post-traumatic stress syndrome and began to relive the trauma of what had occurred.
