against the DI
center for injuries sustained by inadvertent
administration of cocaine solution instead of
acetaminophen to a 10-year-old patient. The local
pharmacy had colored the 10% cocaine solution
red and labeled it red solution to thwart abuse.
When the nurse realized the mistake she contacted
the Arizona Poison and DI Center. The DI
pharmacist described the symptomatology of
cocaine overdose, but did not go far enough in
recommending that the patient seek emergency
care. The patient developed seizures and
cardiopulmonary arrest with brain damage that
required lifetime nursing care. At the trial, the
expert witness testified that the DI center operated
below the standard of care. The issue was not
erroneous information, but whether the center
went far enough in its responsibility in handling the
call. The plaintiff was awarded $6.5 million; the DI
center was held liable for $3.6 million.
In Reben v. Ely