Ely Resident Wins Malpractice Suit, Jury Awards $281,000


Litigation Type - Medical Malpractice

Client Injury - Heart Attack

An Ely woman was awarded more than $281,000 in damages by a Virginia, Minnesota  jury in her civil suit against a local pharmacy. Jurors ruled in favor of our client in a malpractice suit filed against Martinetto Drug, Inc. The three-day trial in Sixth District Court stemmed from an incident when a pharmacist who owned and operated the pharmacy mistakenly gave a prescription for the drug Glyburide to our client when she should have received another medication. As a result, our client's blood sugar was lowered and she suffered a non-fatal heart attack.

It took physicians several months to determine the cause of the heart attack and why our client's blood sugar was lowered. Through a blood sample, an endocrinologist at Rochester's Mayo Clinic made the connection to the mistaken prescription of Glyburide.

"They (at the Mayo Clinic) said, "Did you know that the pills you thought were beta blockers were actually Glyburide?" said attorney Harry Sieben, who led the lawsuit. That led to a trial before Judge Gary Pagliacetti and a seven-member jury, who sided unanimously with our client after her testimony and about two-and-a-half hours of deliberation.

Jurors awarded our client $76, 472 for past health care expenses, $5,000 for past lost earnings, $150,000 for past pain, disability and emotional distress, and $50,000 for future pain, disability and emotional distress.

"She's not feeling the affects of it now," said Sieben. "But there is an increased risk of future harm. We're pleased with the verdict. I think it was fair and just."

According to Sieben, the pharmacist carried malpractice insurance, which could be accessed to pay the award.

Learn more about our process for medical malpractice cases

Harry A. Sieben, Jr.

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