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2.2 Million Dollar Settlement for Negligent Ordering and Filling Of Prescription
Our client was the wife of an eighty-year old man who suffered from arthritis. For this condition his personal physician prescribed him Methotrexate-2.5 mg to be taken twice daily. The proper way to prescribe Methotrexate for arthritis is for it to be taken once a week. After taking the medication for 10 days, our clients husband suffered a severe overdose of Methotrexate and was hospitalized. He survived for ten days in the hospital where he suffered from two episodes of aspiration and died. He was required to be terminally weaned from a respirator once the doctors had concluded he had no reasonable chance of regaining consciousness and surviving. The doctor who negligently ordered the prescription and the pharmacy that negligently filled the overdose prescription both contributed to the 2.2 million dollar settlement. The case was set for trial in St. Louis City Circuit Court and settled the week before trial. The name of the pharmacy was withheld from publication as part of the settlement. Mildred J. Beamon, Personal Representative of the Estate of John E. Beamon, and Mildred J. Beamon Individually v. Pharmacy and Alexander Rudoi, M.D.
Edward Kruse Settles Novel Wrongful Death Lawsuit
Against Restaurant Over Heart Attack Victim
We represented the Plaintiffs who were the family of a man who died of a heart attack in a restaurant in the City of St. Louis. The family sued the restaurant and the restaurant manager for interference in an attempt to rescue. The Manager hung up the telephone on an emergency 911 call being made by the bartender to call for help. It was unclear why the Manager would want to do that, but the firm subpoenaed the 911-telephone call tape from the police department and the Managers voice could be heard yelling to the bartender to hang up the telephone call. Shortly after his voice was heard, the phone call was abruptly terminated. After many of the restaurant employees were subpoenaed in for testimony and all of them claiming they were not aware of what happened, one of the bartenders testified in her deposition that she could identify the Managers voice on the tape and did see the Manager hang up the telephone call knowing it was a call for emergency assistance. On behalf of the mans family, our firm pursued the theory that the resulting delay in the arrival of the medical care caused or contributed to the mans death.
Negligent interference with an attempt to rescue had never been recognized previously by the Missouri Courts, but Mr. Kruse pursued the claim under general Tort Law, which proved a viable cause of action under the facts of the case. Preserving the evidence of the 911 tape early was extremely important the case and very damaging to the Defendants because of the foul language used by the Manager when yelling at the bartender to hang up the telephone. The witnesses at the bar were apparently reluctant to come forth and testify most likely for the fear they would be retaliated against. Gina Shad, Personal Representative of the Estate of Richard Farhat v. Carbos Restaurant and Dan Martorelli.
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The information on this St. Louis Personal Injury & Workers Compensation Attorneys / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
The choice of a lawyer is an important decision and should not be based solely on advertisements. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialists designations. Past results afford no guarantee of future results and every case is different and judged on its own merits. All case results listed on this website were obtained by Edward Kruse in cases in which he was lead or co-counsel.
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Phone: 314-333-4144
