Legal Question in Consumer Law in California

given the wrong medication

I was to have a refill of a medication I take and it was filled incorrectly with the wrong medication. I was not aware of different medication because the pill looks the same as the one I usually take. I took the WRONG med for 3 weeks but was not aware I was taking the WRONG medication. After I realized it I had already experienced side effects from the WRONG medication. I was supposed to have a cholestrol med refilled and I was given a medication for seizures. I suffered with the side effects and then I had to take a lower dose to wein off of it. I was taking 1200 mg of the seizure medication a day. I also lost time off work. The pharmacy told me that the insurance company will be calling next week and I should think of an amount I would like. I would like to know how much I should ask for.


Asked on 10/01/08, 10:54 pm

1 Answer from Attorneys
Thomas Mauriello Mauriello Law Firm, APC

Re: given the wrong medication

It depends on the facts - the types of meds involved, the types of side effects, the nature and duration of side effects, and other issues.

Further, assessing an appropriate settlement amount may take more time. You may not have stabilized yet and may need more time (or examination) to know.

I think you will do better with a good attorney than by yourself on this one, to help you reach the right analysis and demand number, and to articulate and negotiate that demand.

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Answered on 10/01/08, 11:38 pm


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