Can I take legal action against this pharmacy for giving me the wrong medication/medication I am allergic to?

3 views 6 answers
I went to pick up my birth control prescription last night at CVS Pharmacy, and I waited a long time to be seen. After someone came to talk to me she looked for my prescription and involved two other employees but it could not be found. A man came over and asked what the prescription was for and after I answered birth control, he looked some more but couldn't find it and I was told that they had lost my prescription and needed to refill it. I had already waited about ten or so minutes and there was a line behind me, and I felt they were trying to rush me out as quickly as they could. A different woman refilled my prescription and the man previously mentioned took my payment after scanning the label on the bag that she had given him and I paid and left. Today I opened up my script bag and the birth control package was not the one I usually get. They gave me the wrong birth control, and I am allergic to estrogen. The one they provided me last night was Norgestimate and Ethinyl Estradiol which contains estrogen in it, and I was supposed to be given Norethindrone which is strictly progestin and states on the packaging that it is for women that cannot take estrogen.

Attorney Answers

6
Brian Pascale ·
The most important details your inquiry lacks is (1) whether you took the wrong birth control pills you were given and (2) what your reacting/injuries/damages are as a result. Without both of those having occurred you would not have a viable lawsuit.
0 upvotes
Eliot Wolf ·
Depending on your damages it may be worthwhile pursuing same with personal injury/malpractice counsel.
0 upvotes
Peter Munsing ·
You don't get compensated for what could have happened but what did happen. Looks like fortunately you looked before you took, and they should give you your regular prescription. Maybe change pharmacies? Go with a local not a chain?
0 upvotes
Jeffrey Adams 866031.Html ·
Fortunately for you, no injury; no injury = no foul. Sorry.
0 upvotes
Eric Rothstein ·
If you did not take the wrong prescription then you have no damages. Take it back and get the correct one.
0 upvotes