Legal Question in Civil Litigation in Florida

wrong medication given by pharmacy

On February 1, 2008 I received a repeat prescription for morphine patches from CVS pharmacy. They gave them to me in 2 boxes with my prescription on it, which I threw away. I used one of the patches and threw up for three days and was extremely unsteady on my feet � had difficulty walking without falling, and breathing as I have COPD Then on February 6, 2008 the pharmacy phoned and requested that I return the patches they had given me as they were the wrong dosage. I should have been given Fentanyl Transdermal System 50 mcg/hr and instead was given Fentanyl Transdermal System 100 mcg/h. My Doctor�s office called me on February 7, 2008 as the pharmacy had called them to reiterate their error. They said the increased dosage could have killed me. My question is this - should I just return the medication as requested by the pharmacy, or should I retain a lawyer? I feel my life was endangered by this grave error.


Asked on 2/08/08, 11:02 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: wrong medication given by pharmacy

You were put at risk and you could nave been hurt, but you were not. To have a case you need negligence and damages. You have negligence, but no damages. In my opinion, no case worth pursuing.

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Answered on 2/08/08, 11:22 pm


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