Legal Question in Medical Malpractice in New Jersey

Expired medication dispensed by pharmacy

A large chain pharmacy filled a prescription for imitrex (shot, not pills) that was expired. This was brought to my attention AFTER I had used the drug, to which I had an extrememly adverse reaction. I went to the emergency room soon after taking it, and was laid up for 2 days recovering from the ill effects. Only after going to see my doctor w/ the medicine was I made aware that the expiration date on the medicine was in February, it was dispensed in July, and I used it in August. I was unaware about checking medicine for the expriation date. I've done research that it is against federal law to dispense expired medicine. Where can I go from here? I am not looking to retire on a settlement, but at the same time this could have been very dangerous.


Asked on 8/27/02, 9:48 pm

1 Answer from Attorneys
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Expired medication dispensed by pharmacy

I am sorry to hear about your expeience - sounds terrible. The one important issue in this case, however, will be what damages you suffered. Generally, the extremely high cost of lawsuits makes it difficult to pursue claims where there are not extraordinary damages. With that said, I would enjoy speaking with you further to determine the exact extent of the loss you sustained. This may be a case where a settlement without actually filing a suit is possible.

Regardless of whether or not there is enough for a lawsuit, I can supply you with further information regarding how to make a report of the pharmacy's mistake to the state board that regulates pharmacies/pharmacists.

I offer free consultations and would be happy to speak with you at your convenience.

Thanks,

Daniel Kelley

(856)616-8080

[email protected]

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Answered on 8/28/02, 9:14 am


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