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Posted November 15th, 2007 by minortopics | Permalink

Mom overdoses infant on cough medicine and then sues

Two words - Tort - Reform.

How in the world can a mother blame drug companies for giving her tiny infant an overdose?? No medicine warns you of what is blatently obvious - you don’t take or give 2 of the same medicines and pretend like you’re dispensing one. (Can we sue her for stupidity at an innocent babies expense?)

Alvarez gave her son McNeil-PPC Inc.’s Infant Tylenol Cold Decongestant Plus Cough and Walgreen-brand Pediatric Drops-Cough Plus Cold, according to the lawsuit. Both contain dextromethorphan.

A coroner’s report says Devon Mehlberg-Alvarez died of dextromethorphan intoxication, with tests showing his system metabolized the ingredient slowly, allowing it to build up to toxic levels, according to the lawsuit.

The 41-page lawsuit was filed in Lake County Circuit Court and seeks unspecified damages. It names Deerfield-based Walgreen Co. and McNeil, a unit of New Brunswick, N.J.-based Johnson & Johnson, claiming the companies knew the hazards of dextromethorphan for years but failed to warn consumers.


Information from: http://www.msnbc.msn.com/id/21796308/


10 Responses to “Mom overdoses infant on cough medicine and then sues”

1. Smarter then you

November 16, 2007 @ 5:12 pm

She didn’t give the baby the medicines at the same time. DUH!!! She followed all the rules, went to a doctor, followed the dosing intructions. Her baby was unable metabolize dextromethorphan. An ingredient that to this day has NEVER BEEN TSTED FOR USE IN INFANTS!!!! Dextromethorphan is the problem…it has been proven theat it has NO THEREUPTIC VALUE but only sedates children. Can we sue you for being so stupid?

2. Smarter then you

November 16, 2007 @ 5:13 pm

She didn’t give the baby the medicines at the same time. DUH!!! She followed all the rules, went to a doctor, followed the dosing intructions. Her baby was unable metabolize dextromethorphan. An ingredient that to this day has NEVER BEEN TESTED FOR USE IN INFANTS!!!! Dextromethorphan is the problem…it has been proven theat it has NO THEREUPTIC VALUE but only sedates children. Can we sue you for being so stupid?

3. Smarter then you

November 16, 2007 @ 5:17 pm

From an AP Article:
“The boy’s mother had earlier believed the baby’s metabolic rate led to his death, but concluded after the FDA hearings that the medicines were to blame, the lawsuit said.”
OK folks - let’s remember a baby died. Came across the above researching this on the internet. SO - if mom DID get direction from the doctor and followed directions it is not her fault. It sounds like the mom was willing to accept this as the result of circumstances until the FDA study came out. There are many, way too many stupid law-suits out there - this one looks like she has credibility to take action.

4. MT

November 16, 2007 @ 8:21 pm

Well, your assumption is no more valid than mine. You may assume that the mother followed the directions and I’ll assume that she didn’t.

I’m skeptical that a cold medicine is directed and recommended, in black and white, on the label, for 4 month old. Secondly, we absolutely do not know that she didn’t give both those medicines simultaneously.

5. Smarter then you

November 16, 2007 @ 9:35 pm

I Do you stupid B**** I was there!

6. Smarter then you

November 16, 2007 @ 9:42 pm

A mother whose 4-month-old son died after taking over-the-counter cough and cold medicines sued two distributors of the drugs, saying they should have known the dangers of a key ingredient and warned consumers.

The lawsuit filed Wednesday is one of the first since Federal Drug Administration hearings last month where health experts testified that parents should not give children younger than 6 such medicines because they don’t work and can be harmful.

Dimitria Alvarez of Bloomington in central Illinois found her son dead in his crib Oct. 8, 2001, four days after he had begun sniffling and coughing with an apparent cold.

Alvarez gave her son McNeil-PPC Inc.’s Infant Tylenol Cold Decongestant Plus Cough and Walgreen-brand Pediatric Drops-Cough Plus Cold, according to the lawsuit. Both contain dextromethorphan.

A coroner’s report says Devon Mehlberg-Alvarez died of dextromethorphan intoxication, with tests showing his system metabolized the ingredient slowly, allowing it to build up to toxic levels, according to the lawsuit.

“She’s the one who found the child dead,” said Alvarez’s attorney, Ralph Davis. “You can only imagine what one goes through.”

The 41-page lawsuit was filed in Lake County Circuit Court and seeks unspecified damages. It names Deerfield-based Walgreen Co. and McNeil, a unit of New Brunswick, N.J.-based Johnson & Johnson, claiming the companies knew the hazards of dextromethorphan for years but failed to warn consumers.

Walgreen spokeswoman Carol Hively said Wednesday that company lawyers had seen the lawsuit and suggested the boy might have been given the cold medicines at the same time.

“The Food and Drug Administration has found that these products are safe when used as directed,” she said. “But they should not be combined with other products with the same active ingredient.”

Davis denied that possibility, saying the baby got the medicines sequentially and in the indicated doses over the course of several days.

Hively also said Walgreen labels complied with FDA regulations, adding “we were among the first retailers to voluntarily recall these products last month out of an abundance of caution.”

A spokesman for McNeil, which also voluntarily recalled its products, declined to comment.

Drug makers preemptively pulled cold medicines targeted for babies and toddlers off the market Oct. 11, a week ahead of the FDA hearings and after the administration reported deaths linked to the remedies in recent years, primarily from unintentional overdoses.

The boy’s mother had earlier believed the baby’s metabolic rate led to his death, but concluded after the FDA hearings that the medicines were to blame, the lawsuit said.

7. TO : MT

November 16, 2007 @ 9:44 pm

You are really sick, you need serious help if you think re-writing news is fun. Get a life

8. Robin

January 7, 2008 @ 11:16 am

First of all someone needs to learn to spell before throwing the word stupid around.Second of all I just recently learned about the dangers of giving infants and young toddlers cough meds..I have a 4 1/2 yr.old and we practice natural meds.We let the cold, flu,etc. run it’s course natually, it may take a bit longer to get rid of and we may go thru alot of tissue, but in the long run,I don’t have to worry about the medications.. By the way the word misspelled is than, as in Smarter then You, well it should be Smarter than You..Now who’s the smarter than you person !!!!!I just had to tell you “Smarter than You person

9. Christina

February 1, 2008 @ 7:19 pm

You cold people need to grow a heart. This woman gave her son medication as directed and now her baby is dead. if she wins or looses at least she got the word out that its important to be carefull giving babies medication. Just put yourself her her shoes, and try to have some compassion.

10. Tanisha

June 7, 2009 @ 10:36 am

well here is my opinion i have a 6 yr old a 20 month old and a 2 month old and i have always been told by pediatician that over the counter cough medication is not to be given under the age of 2 and now it is not recommended under the age of 6 so either she has a pediatrician that is incompitate (sorry about spelling) or she didn’t call in the first place but i do feel sorry for this lady i could not imagine losing a child because no matter what happened it sounds as if it was a mistake and it has hurt her greatly and i will send a prayer her way for her and her precious angel baby

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