Medication Withheld Resulting in Stroke and Death
Our attorneys secured a substantial recovery for the family of an 89-year-old woman who died from a preventable medication error.
Ms. Kushner was admitted to a local nursing home in 2020 with a diagnosis of atrial fibrillation (a-fib), which was managed with Eliquis. A-fib is a common type of heart rhythm disorder where the upper chambers of the heart (atria) beat irregularly and often rapidly, out of coordination with the lower chambers (the ventricles). A-fib increases the risk of stroke because blood can pool and clot in the atria. Eliquis is an anticoagulant (blood thinner) that helps prevent blood clots from forming. Eliquis is often prescribed to patients with a-fib because it reduces their risk of stroke.
On August 27, 2022, Ms. Kushner was observed as having hematuria (blood in urine) and the doctor ordered just one dose of Eliquis to be held. However, rather than holding one single dose, the nurse inadvertently discontinued the patient’s Eliquis, resulting in this critical medication not being given for 19 days. On September 14, 2022, Ms. Kushner suffered an acute ischemic stroke due to Eliquis being withheld and died on September 22, 2022.
State and federal law requires nursing homes to report adverse patient events such as this one to the appropriate entities. The nursing home failed to investigate the egregious medication error, failed to report the medication error, and never even told the family about it.
A wrongful death lawsuit was filed because the family demanded answers and accountability.
During the discovery phase, deposition testimony revealed that the nursing home failed to have sufficient policies and procedures in place to ensure medication errors were timely caught and corrected. Discovery also revealed that on September 7, 2022, one week before the stroke and 11 days after Eliquis was last given, the patient’s pharmacy sent a letter to the nursing home alerting them of the medication error. That letter went unanswered because the nursing home did not have a policy requiring them to respond timely to pharmacist’s letters. Had the nursing home had sufficient policies in place, this medication error would’ve been timely caught and corrected. Shortly before trial, the parties participated in mediation in which an agreement was reached to settle the case for a substantial amount.
Poor policies and inadequate communication in a nursing home can have dangerous and deadly consequences for vulnerable residents. When facilities lack sufficient policies, especially in a nursing home setting where staff turnover is high, staff members may neglect critical safety steps. These systemic breakdowns often lead to preventable harm and can expose our most vulnerable members of society to injury or even death.