State Supreme Court orders new trial over mislabeled drug

Thursday, May 26, 2005 | 11:17 a.m.

CARSON CITY -- The Nevada Supreme Court today ordered a new trial for a Las Vegas couple who want another chance to prove that flawed mislabeling of a prescription drug by a Sav-On Drug Store caused permanent injury to the husband.

The court said District Judge Allan Earl improperly allowed into evidence the testimony of a physician who testified in behalf of Sav-On.

Andrew Morsicato was diagnosed with scabies and his dermatologist prescribed a lindane lotion. The dermatologist also wrote a prescription for Morsicato's wife Concetta because the disease is contagious.

The label on Andrew Morsicato's prescription correctly noted that the lotion should be applied a bedtime and washed off after 12 hours. But the label on the wife's prescription was wrong in suggesting the application of the lotion every 12 hours. Sav-On's pharmacy expert admitted the prescription was improperly labeled.

Morsicato used his wife's prescription and followed its directions. He developed skin irritation, boils, blister and extreme pain.

Several physicians said the injuries were linked to overexposure to lindane.

At trial, Sav-On presented testimony of neurologist Dr. Michael Schneck, who said the injuries could have been caused by other things, including autoimmune response.

The jury returned a verdict in favor of Sav-On and the Moriscatos appealed.