Criminal Charges / Suing Pharmacy issuing drugs from forged prescription?

[MBMichigan]

What is the name of your state (only U.S. law)? MI

I do not know how to go about this, but will keep it as short as possible.

Bottom line, is my wife committed suicide about six months ago. She was clinically depressed and was receiving treatment. Clearly nothing helped. But she killed herself by insulin overdose. She was NOT diabetic, and she had no need for insulin. I find that she ordered a whole case of insulin vials from an online Canadian pharmacy, and she is American and we live in America. I find that the Dr.'s name on the box I found with some empty insulin boxes was a psychologist, making me believe the prescription was forged by her, because why would a psychologist prescribe a whole bunch of insulin?

If this is the case, I know what she did was illegal, but don't pharmacies have some liability to at least verify if the Dr can prescribe a medication and/or confirm the Rx?

It seems things are more complicated by the fact that the drugs came from Canada and issued to a customer in the USA.

The more I've thought about it, and more I've talked to people the more I realize I need to at least have it investigated and pursued for illegal actions.

In addition, this has turned my life upside down. She was 38 years old, I am now 37, we have a 1 and 2 year old child, and I have been out of work for a year and a half now too. Child care expenses are through the roof, making it difficult to go back to work even. I'm fortuante to have enough income at the moment to keep my house and keep the lights on, other than that, it's minimal budget for anything else.

So, anyone know who I should contact? How I go about this? A few emails I fired to a few law firms never returned my emails or phone calls. One did and said I need to pursue a Canadian lawyer. Seems that since it affected an American and happened in America that I could at least start here.

HELP!

 

[Banned_Princess]

sorry about your wife.

sorry I have no idea.

best of luck

 

[FlyingRon]

I can't vouch for Canada, but it doesn't bode well for you that your wife committed at least three felonies in the process and you're going to try to assess the blame somewhere else.

In the US, pharmacies do call in the verify certain narcotic prescriptions as they are bound to by law. I can tell you that insulin would never be called in, it's just not on the abuse radar. In some states I don't even think you need a prescription for it (my son is a diabetic and we've lived several places and I can never keep straight when I need a script for needles and/or insulin).

 

[MBMichigan]

I can't vouch for Canada, but it doesn't bode well for you that your wife committed at least three felonies in the process and you're going to try to assess the blame somewhere else.

In the US, pharmacies do call in the verify certain narcotic prescriptions as they are bound to by law. I can tell you that insulin would never be called in, it's just not on the abuse radar. In some states I don't even think you need a prescription for it (my son is a diabetic and we've lived several places and I can never keep straight when I need a script for needles and/or insulin).

First of all, I don't know what three felonies you'd be referring to, can you please be specific?. Either way it doesn't really matter. If someone does break the law, does it make it ok for someone else to do it as well? So I steal your bike, you can kill me and it makes it ok? Hardly.

Also the insulin she ordered was an extremely high quantity, verified by speaking with some medical professionals (i.e. medical doctors), which would throw up a red flag to any pharmacist to verify its validity. For this specific insulin even in Canada everywhere I checked, even the pharmacy where she got it, it clearly states "Prescription Required".

There has to be some accountability somewhere, otherwise why even bother with getting a prescription? Just send a hand written note to Canada and get whatever drugs you want.

 

[Mass_Shyster]

Because the insulin was ordered online, you may be able to sue in a Michigan court. Courts have found that maintaining an active website with ordering capabilities can confer personal jurisdiction wherever the product can be ordered from.

You would likely have two claims: Wrongful death where the estate is the plaintiff, and loss of consortium, where you are the plaintiff.

Michigan subscribes to the practice of modified contributory negligence, where an injured party cannot collect if the injured party is 51% (or more) at fault for the injuries. In this case, if your wife was determined to be 51% or more responsible for her death, she (her estate) could not collect.

Your claim of loss of consortium has no such restriction, as you were likely not responsible for 51% of your wife's injuries.

I suggest you keep looking for an attorney. Your best bet may be the one who advertises the most, as he/she may be able to fund the cost of this litigation. I wouldn't bother with the on-line forms. I suspect they get flooded with requests (because it's so easy), and are probably weeded out by a clerk, if they even get looked at.

 

[FlyingRon]

The felonies were the prescription fraud, the illegal import of controlled substances, and the suicide. As Stevef points out, the fact that your wife is responsible may well wipe out your ability to recover from another party even if they had some negligence on their part.

While Michigan might be able to assert some jurisdiction, getting a foreign corporation to be bound by such may be a hard task.

But frankly, I don't buy your assertion about the "high quality" insulin. I don't know what you were told, but it doesn't work like that. It comes in a variety of sources (pork, human,...) and at various absorption rates (fast acting, slow, very long ). Diabetics will generally have combination of the latter and ordering one or the other wouldn't generate a call to the physician for any sort of verification in the US. Unless there was some reckless disregard for the accuracy of prescriptions presented (not to say that these Canadian mail order pharmacies aren't operating this way), just because they filled something that turned out to be a forgery doesn't make them liable.

I'm sorry for your loss, and as suggested you should probably seek proper legal counsel.

 

[MBMichigan]

Thank you both for your detailed and informative responses. I just want a fair evaluation to see if I even have a case. This isn't something that I would pay for a lawyer, because I feel if it they feel it is a successful case they will gladly pursue knowing there will most likely be a settlement or other judgement associated with it from the pharmacy.

Either way, I want the company to be informed of what happened so that it doesn't happen to someone else. But only way companies take notice is if they have a legitimate lawsuit filed. If there is a financial settlement or judgement issued, I'd end up putting most of it in my kids trust fund.

Also, I never said "quality", I said "quantity" as in number of vials. And I didn't know that suicide was a felony. Kind of silly that taking your own life is a crime, as long as it doesn't hurt or kill anyone else.

Bottom line is I'm not sure where to start with a lawyer. I guess I'll just have to call around with the most advertised firms as suggested. I already contacted the Feiger law firm and they said it was out of their jurisdiction, I need to contact a Canadian attorney. But I'd at least like to work with someone local to start.

 

[schoolmom8898]

Answer!

What is the name of your state (only U.S. law)? MI

I do not know how to go about this, but will keep it as short as possible.

Bottom line, is my wife committed suicide about six months ago. She was clinically depressed and was receiving treatment. Clearly nothing helped. But she killed herself by insulin overdose. She was NOT diabetic, and she had no need for insulin. I find that she ordered a whole case of insulin vials from an online Canadian pharmacy, and she is American and we live in America. I find that the Dr.'s name on the box I found with some empty insulin boxes was a psychologist, making me believe the prescription was forged by her, because why would a psychologist prescribe a whole bunch of insulin?

If this is the case, I know what she did was illegal, but don't pharmacies have some liability to at least verify if the Dr can prescribe a medication and/or confirm the Rx?

It seems things are more complicated by the fact that the drugs came from Canada and issued to a customer in the USA.

The more I've thought about it, and more I've talked to people the more I realize I need to at least have it investigated and pursued for illegal actions.

In addition, this has turned my life upside down. She was 38 years old, I am now 37, we have a 1 and 2 year old child, and I have been out of work for a year and a half now too. Child care expenses are through the roof, making it difficult to go back to work even. I'm fortuante to have enough income at the moment to keep my house and keep the lights on, other than that, it's minimal budget for anything else.

So, anyone know who I should contact? How I go about this? A few emails I fired to a few law firms never returned my emails or phone calls. One did and said I need to pursue a Canadian lawyer. Seems that since it affected an American and happened in America that I could at least start here.

HELP!

The best solution is to start by contacting the state Board of Pharmacy! They regulate pharmacist and pharmacies all over the country and may be able to help or point you in the right direction if they can't help. Hope this helps!


Student in health and law

 

[Proserpina]

The best solution is to start by contacting the state Board of Pharmacy! They regulate pharmacist and pharmacies all over the country and may be able to help or point you in the right direction if they can't help. Hope this helps!


Student in health and law

Please don't necropost.

This poster is long gone.

 

[I'mTheFather]

The best solution is to start by contacting the state Board of Pharmacy! They regulate pharmacist and pharmacies all over the country and may be able to help or point you in the right direction if they can't help. Hope this helps!


Student in health and law

Unfortunately, the ANSWER! is 2 and a half years too late, and it's severely lacking in applicability.

 

[xylene]

The best solution is to start by contacting the state Board of Pharmacy! They regulate pharmacist and pharmacies all over the country and may be able to help or point you in the right direction if they can't help. Hope this helps!


Student in health and law

You are necroposting, on a sensitive post.

Why U do this?

 

[I'mTheFather]

You are necroposting, on a sensitive post.

Why U do this?

Cuz she has the ANSWER!

 

[Antigone*]

Cuz she has the ANSWER!

Whateveh

FAVI Society for this one!

 

[Zigner]

Cuz she has the ANSWER!

...an answer.
Not the correct one.

I hope the OP has made progress towards picking up the pieces. Poor guy. Poor kids.

 

[NellieBly]

Wonder how the poor guy is doing.