Earlier this year in June, a Texas man filed a lawsuit against a CVS Pharmacy alleging that the pharmacy’s error caused him to permanently lose sight in one of his eyes. According to a report by a local news source, the man was given a prescription for eye drops to treat his pink eye back in 2012. When the man took the prescription to his local CVS Pharmacy, the prescription was filled with an ear medication with a similar name.
When the man took the medication home and put it in his eye, as the label on the box instructed, his eye became painful and irritated. Eventually, he completely lost sight in that eye. The box containing the drops clearly labeled the drug as ear medication. However, the pharmacist’s label instructed the man to apply three drops of the medication in each eye twice daily.
The man’s caregiver told reporters that the loss of his sight has caused the man’s overall condition to deteriorate rapidly, requiring that he have nearly constant supervision. Texas state law limits the man’s potential recovery amount to $250,000.
Each year, thousands of people are injured or killed in accidents involving pharmacy errors. Pharmacies are continually becoming more and more crowded, and pharmacists are often overworked in order to satisfy the demand. However, that is no reason to compromise patient safety, as many pharmacies in the news have recently been accused of doing. In fact, this is just the most recent in a rash of pharmacy errors that have resulted in serious, irreversible consequences.
Recovering for Pharmaceutical Errors
One issue that may come up in pharmacy error cases is the issue of whether the patient should have caught the error and not taken the medication, or contacted the pharmacy with a question. In the case described above, CVS may argue that the box containing the medication clearly identified the medicine as ear drops. If the court finds that the medication’s box should have put the man on notice that the medication was not, in fact, eye drops, his case may be compromised.
This issue, and many others like it, can cause an otherwise strong case to crumble. Therefore, it is advised that anyone considering bringing a pharmacy error case against a pharmacy contact a dedicated pharmacy error attorney before taking any action.
Have You Been Provided the Wrong Prescription Medication?
If you have recently suffered some kind of adverse reaction to a prescription drug that was filled in error, you may be entitled to monetary compensation based on the pharmacy’s error in filling the prescription. All pharmacies have a duty to their customers to fill orders with care and diligence. When a pharmacy makes an error, and the patient suffers as a result, that patient may be entitled to recover monetary damages. However, proving a case against a pharmacy can be difficult, for pharmacies generally have skilled legal counsel. Therefore, having the assistance of an experienced pharmacy error attorney is crucial to any pharmacy error case. Click here, or call 410-654-3600 to speak to a dedicated pharmacy error attorney today about your potential case.
More Blog Posts:
Hospitals Beginning to Place Pharmacists in the Emergency Room to Cut Down on Medication Errors, Pharmacy Error Injury Lawyer Blog, June 25, 2014.
Drug Manufacturers Consent to Oversight by Federal Agency Following Increased Scrutiny, Pharmacy Error Injury Lawyer Blog, June 4, 2014.