Toenail Fungus Drug Blamed for Liver Damage, Car Accident

A Mississippi man who passed out while driving and fractured his spine alleges that a doctor prescribed the toenail fungus medicine Lamisil for an excessive period of time, causing him liver damage that led to the accident and his resulting injuries.

Victor Cucinello filed suit against Dr. Michael D. Casey and his liability insurer, Louisiana Medical Mutual Insurance Co., in the U.S. District Court for the Eastern District of Louisiana.

Cucinello says he complained of a toe problem in November 2003. Casey diagnosed it as a fungus and prescribed Lamisil, the complaint says.

The doctor refilled the Lamisil prescription four times between November 2003 and March 2004, according to the complaint.

Cucinello claims he lost consciousness while driving April 13, 2004, allegedly due to low blood sugar and elevated liver functions.

The plaintiff attributes his blood sugar and liver function abnormalities to Casey's negligent prescription of Lamisil and his failure to terminate the drug when testing showed Cucinello's liver function had become abnormal.

Cucinello alleges that Casey prescribed the drug for an excessive and improper length of time, resulting in permanent liver damage and dysfunction, for which Cucinello may ultimately require a liver transplant.

A medical review panel convened at Cucinello's request pursuant to Louisiana's Medical Malpractice Act found Casey breached the standard of care in connection with his treatment of Cucinello. The panel said Casey had prescribed Lamisil for an excessive amount of time.

Under Louisiana law a medical review panel must decide whether a malpractice claim has merit before a plaintiff may file suit. The panel's determinations may be introduced at trial as evidence to support or refute the allegations.