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No Criminal Charges in Death Due to Medication Error

Loretta Macpherson passed away on December 3, 2014 after being given the wrong medication at St. Charles Bend. A staff person with the inpatient pharmacy filled an IV bag given to Macpherson with the wrong medication, ultimately killing the 65-year-old woman. A decision was made the the Deschutes County District Attorney’s office to file no criminal charges in the case.

District Attorney John Hummel released a statement that said, “After a thorough review of the facts of this case, and a consideration of the steps St. Charles has taken to ensure a tragedy like this never happens again, I concluded that forgoing the initiation of criminal charges was in the interest of justice.”

When the case was filed, the chief clinical officer of the hospital, Dr. Michel Boileau, said that the pharmacy had received the correct order. The bag was ultimately labeled correctly, indicating that it contained the anti-seizure medication that had been ordered. It had been filled, however, with a paralyzing agent. The hospital has since taken undisclosed steps to help ensure that a similar error does not occur in the future.

If you or a loved one has been the victim of error or negligence in a New York hospital, you may be entitled to compensation if you suffered injury as a result of that error. Call our office today to speak with a member of our team and determine if you have the legal elements necessary for a successful case. Your first consultation will be held at no cost to you.