United Allergy Labs Lawsuit
Allergy Labs Lawsuit
United allergy labs have settled a case in which a woman was killed due to consuming her husband’s allergy medicine. His allergy medicine, Rituxan, caused his death and the case was settled by the insurance company. The woman was a resident of Ohio. In bringing the case, her attorney stated that the company was negligent and should be held responsible for her husband’s untimely death.
United Allergy Labs Lawsuit
The company settled the case for $1.75 million. It is believed that the insurance company may try and get away with paying less because it wants to settle this case fast. So far, the company has not said anything. The attorney stated that they would not be negotiating on the amount until the case has concluded.
Dr. William Sears, the president of Allergy Medicine Urgent Care said “The company’s actions are disturbing and disappointing.
As an organization, Allergy Lab has made a commitment to serving allergy patients in the community. We will continue to work closely with them to help ensure their satisfaction with our care and our lab services.” He went on to state, “A patient’s relationship with their doctor is paramount. If you are experiencing any symptoms and take time for consultation, it is absolutely critical that you get that consultation. If you are not completely satisfied with the services of your doctor, it is important to tell your doctor so that they can make arrangements for someone else to examine you”.
This Allergy Lab was found to be advertising an “allergy testing service” in its website.
There were no indications of a medical doctor listed on the home page. Further research showed that there were no medical doctors listed on the board of directors and no contact information available. Also, there were no insurance and Medicare numbers available for this company.
This company’s clinical services and facilities were found to be inadequate and substandard.
The testing methods and results were not definitive. There was a lack of compliance with statutory guidelines for allergy testing. This Allergy Lab was sued by a former client who suffered from a life-threatening reaction to one of their tests. The plaintiff was awarded a substantial compensation because the Allergy Lab did not perform the proper allergy tests that were required under the law. This Allergy Lab also did not use the appropriate allergy testing service personnel to perform the required allergy tests.
Due to this negligence, this plaintiff was able to obtain compensatory damages which include past and future medical expenses, disability income, future earnings loss, pain and suffering, and loss of earning capacity.
The court did not grant the permanent injunction which Allergy Lab wanted. However, the parties agreed that the plaintiff would be paid over time. A temporary restraining order was entered which prohibits Allergy Lab from operating their business or seeking any further licensing in the state of New York. This is a victory for the plaintiff and Allergy Lab as they must now turn their focus to serving their clients adequately while also preparing for their new endeavors.
