The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-05-05
CAUSE CELEBRE.
A Druggists Mistake.
A Fatal Prescription Costs Him
$4,000.

A Fatal Prescription Costs Him
$4,000.
The Supreme Court on Monday deci led,
after long and tedious litigation, cause cele-
bre in the history of our jurisdiction. In the
case Of McCubbin, tutor, VS.. Samuel Hast
ings, Judge Morgan, as organ of the court,
read long and carefully prepared opinion,
giving twenty-five thousand dollars damages
for mistake made by an employee in defend
ants drug store, in preparing prescription,
and which caused the death OF Mrs. McCub-
bin.
As this case has been tried three times be-
fore juries in the lower court, and large pro-
portion of our medical profession have testi-
community has been more or less called to it,
and considerable interest felt in the dencue-
ment.
The facts as gathered from the record are
these
On Monday, the 26th August, 1867, Ellen
Leigh, wife OF William McCubbin, residing as
the corner of Tchoupitoulas and Orange
streets, in the city of New Orleans, was taken
sick with symptoms of yellow fever; her hus-
band Immediately applied the simple reme-
dies within his knowledge and called in DR..
W. G. Austin, physician of experience. and
employed competent yellow fever nurse,
Catherine Bell, both of whom arrived within
la very short time after the commencement OF
her illness.
From this time during balance of the day
Monday, aud during the next day and night
tuesday, the disease progressed, the fever
gradually abating, perspiration returning,
and the patient improving very much, and on
a fair way to recovery. Up to this time the
patient had been very quiet. And on Wed
nesday morning was very much better, and
out of all danger.
On that day, Wednesday, 9th August,
1867, at half-past IL o'clock, DR.. Austin paid
his usual visit and found her much better,
and said to her husband and the nurse that
she was doing we'll, and only needed one
enema, which would work like charm and
ton he ordered aud gave particular direc-
tons to the nurse and husband as to the
manner of administering it.
| The following was the prescription
Rx.
Aqua CamphOre, ounces.
| The clerk of Hastings, in preparing the
medicine, instead of putting up aqua
camphore, filed the v al with tincture of
camphor, which contained of camphor 300
grains, alcohol 1920 drops.
This was given the lady as it came
from the druggist, and Immediately
following its administration the symptoms
of the patient changed. She fell into
spasms, and SO complete was its effect
Mr.. McCubbin was called to his wife's bod
side by the hired nurse, and he found her al
most black in the face and apparently in 1t.
She cried out: "Oh my God, VIII, what have
you given me; am burning up" and until
quite late that night her cries could be heard
square of.
The doctor was sent for, and at 10 o'clock
visited his patient.
| Upon his arrival, he made inquiries as to
the condition of his patient, expecting to
find her in Precipitation, and much better.
He was told her condition and the effect of
the enema. He Immediately examined Mrs.
McCubbin, and expressed his astonishment
and regret at the sudden change for the
worse that had taken place, and then and
there in very emphatic language, expressed
his opinion that mistake had been COM
mitted in the PREPARATION Of the prescription.
At the doctors request another physician
was called in for consultation. All efforts
proved unavailing, and the sick wife con-
tinued to grow worse and on Friday morning
died.
The question which arose in the case was
whether the druggist had by his mistake in
putting up tinc,ure of camphor instead OF
camphor water, caused the death of Mrs.
McCubbin. Her change of symptoms i'm.
mediately after the administration of the
medicine was by some of the medical wit
resses, considered as not beyond the strange
idiosyncracies of yellow fever, but the Su-
preme Court attributed it Immediately to the
mistake of the drug clerk and gave the
damages
Outside the facts Of this case, there arises a
question which is of considerable Importance
to the public, and in which they are vitality
Interested, and that is, the responsibilities Of
apothecaries towards their patrons The
profession of a pharmaceutist is one which
requires rare application, close attention and
the utmost care. The people are, so ~
speak, completely ignorant Of what they 1re
getting when they receive from theif/hands
the prescriptions of the family physician; and
as sometimes the most deadly poisons are
ordered in small doses in the most trivial
cases-of say, skin diseases-it can readily
be appreciated now an error OF y low eTaAAs
might imperil the life of the invalid.
To prevent this no legal remedy is of avail.
and we are left to the extent Of the druggist 5
education to protect. Mr.. Hastings, in the
McCubbin case, of course knew nothing
about what his clerk had done, and it is per
haps hard that he should have to pay S25, 900
for an employees mistake, but when the
!, public are to be protected it is diff cult to
say if some rigid rule be not made.
On the Continent and in England, statutory
provisions have been made requiring that NJ
person should be permitted to put up pre-
scriptions unless they had passed thorough
examination, and found capable
Pharmaceutists warrant the good quality o.
. the article, its correctness in kind, and a.
we'll its faithful agreement with the formula
represented by it, and, although it is rA.he
severe on those who perform the arduou
duties of the profession, the danger OF mis-
u -. u Ia