The South Carolina Supreme Court has reinstated a $4 million verdict in favor of a family whose three special needs children were removed from their custody without an adequate investigation as to the injuries they sustained as a result of consuming contaminated medication.
In Bass v. DSS, the state supreme court reversed an appellate court ruling regarding a trial court rejection of judgment notwithstanding verdict requested by the defendant agency.
Here’s what happened:
A couple with special needs children – two of them autistic – were given medication to give to the children to help them sleep at night. This was on top of a number of other medications the children took for various ailments. But in April 2008, the compounding pharmacy that produced the drug mixed it incorrectly – and made a batch that contained 1,000 times the recommended concentration. Continue reading