Do I have a right to seek compensation after a pharmacy gave me the wrong prescription and I've had medical issue after issue because of it? 51 Answers as of May 29, 2013

Neurotin 800 was given to me by my pharmacy when my doctor prescribed Ibuprophen 800. I got 90 pills in November 2011 and discovered it 4 months later after an overdose episode which landed me in the hospital for 2 days. I had high blood pressure and the doctors thought I was about to have a stroke. I kept passing out and my chest was tight. Looking back, I began to have horrible dizzy spells, was depressed severely, vision blurred, and going to sleep a lot. I even had to pull over off the road to sleep on road trips. In February 2012 I passed out in the garage, hit my head, knocked out and severely sprained both wrists and hurt my back very bad. I went to hospital. 3 weeks later after taking Neurotin 800 every 4 hours, thinking it was ibuprophen 800, I was passing in and out, had heart pressure, and went to ER where I was admitted to the hospital. I left the hospital with no discovery. One week later while at a craft show, I again took the meds for I was aching after setting up this show and again I began going into deep sleeps and was horribly dizzy. I began to see a pattern and realized there was a slight difference in pills. I took the pills to my primary doctors and confirmed. He sent me to 2 other pharmacy stores to confirm and get it in writing that the pills were Neurotin 800. I have never in my life been prescribed this medication and the back pain became unbearable. On June 22 had back surgery and am possibly having a second one on my neck where I believe an injury occurred when I rammed it into the garage wall back in February. This has shut down my work and income and I’m very depressed not knowing if I have any long term effects from this very potent med used in controlling seizures in patients. I have never had a seizure in my life. I never wanted to ever have back surgery but had no choice. I have pain in walking and raising my left leg, and there is no comfortable position sleeping. I have pulsating pain in my butt running down into my calves of my legs. My lower back ached all the time so I had no choice.

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
It is a very sad and outrageous story, and there can be no doubt that you do have a cause of action against the pharmacy, not only for compensation of your past and future medical expenses and lost wages, but also for your pain and suffering. If the case goes to trial, the jury might also award you so-called punitive damages. Your action will also force the pharmacy to find and correct the flaw in its internal control procedures; in this sense, by suing them, you will help prevent this kind of nightmare happening to other people.
Answer Applies to: New York
Replied: 8/20/2012
Law Office of Ronald G. Draper | Ronald G. Draper
Consult a lawyer to determine if you have a claim.
Answer Applies to: Illinois
Replied: 8/15/2012
Law Office of Melvin Franke | Melvin Franke
Contact an experienced attorney. If you can show that the medicine caused the damages/injury you probably have a good case.
Answer Applies to: Missouri
Replied: 8/15/2012
Slotnick & Schwartz
Slotnick & Schwartz | Leonard T. Schwartz
Yes.
Answer Applies to: New Jersey
Replied: 5/29/2013
Law Office of Gregory Crain | Gregory Crain
Yes.
Answer Applies to: Arkansas
Replied: 5/29/2013
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    The answer to your general question ("Do I have a right to seek compensation after a pharmacy gave me the wrong prescription and I've had medical issue after issue because of it?") is "yes" you would be entitled to compensation from the pharmacy.

    As to the amount of compensation you might be entitled to depends on exactly what problems you experienced since taking the Neurotin that your doctors attribute to the Neurotin. You need a doctor to state, and if necessary testify, that the problems you describe were directly attributable to the Neurotin.

    Without these, it is simply conjecture that the Neurotin caused all of the problems you describe. You should consult with an attorney to discuss your rights and options against the pharmacy. Most personal injury attorneys offer a free initial consultation so it would no cost you anything to get more information.
    Answer Applies to: Nebraska
    Replied: 8/15/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Yes.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You may have a medical malpractice case.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. I think you have a claim.
    Answer Applies to: New York
    Replied: 8/15/2012
    Brian Wendler | Brian Wendler
    Based on the description of your tragic ordeal it sounds as if you have a very good case. You should talk to a personal injury lawyer ASAP to avoid the running of any statute of limitations. You should also document everything that has occurred immediately. Your lawyer can and should help with this. Most lawyers who handle cases like yours work on a contingency fee basis so that you need not pay money to proceed with the case. Good luck.
    Answer Applies to: Illinois
    Replied: 8/15/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yeah, if you have damages that can be documented.
    Answer Applies to: Virginia
    Replied: 8/15/2012
    Larry Klein Inc | Larry Klein
    Yes you have the right to make a claim against the pharmacy for giving you the wrong prescription. There is a significant difference between Ibuprofen and Neurontin. PLEASE NOTE THAT THERE ARE TIME LIMITS THAT APPLY TO THESE TYPES OF CLAIMS AND IF YOU DO NOT FILE A LAWSUIT WITHIN THE APPLICABLE TIME LIMIT YOU WILL LOSE ALL YOUR RIGHTS TO PRESENT A CLAIM. THEREFORE, I WOULD RECOMMEND THAT YOU IMMEDIATELY CONSULT THE SERVICES OF AN ATTORNEY TO HANDLE THIS MATTER FOR YOU.
    Answer Applies to: California
    Replied: 8/15/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Yes, you have a case. I represented a plaintiff in a similar case (different drug) recently. Call me ASAP so I can get better information from you.
    Answer Applies to: Georgia
    Replied: 8/15/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    From what you describe, you have a very solid case. You just have to prove it. First, you need all the evidence you can muster that you were given neurontin when you were prescribed ibuprohin.

    Then, you have to prove that the problems you experienced were a result of that error. You obviously had some problems previously, for which the prescription was originally issued.

    From what you describe, if appears to me that you would have needed the surgery regardless of the prescription error. As far as injury arising out of the car crash that resulted from the incorrect prescription, that's a stretch. You have to prove "proximate" cause and it seems to me there are a number of steps in between the prescription and the injury.
    Answer Applies to: New York
    Replied: 8/15/2012
    Alvin Lundgren | Alvin Lundgren
    Yes you may be entitled to compensation depending on the extend of your injuries.
    Answer Applies to: Utah
    Replied: 8/15/2012
    Downriver Injury and Auto Law | Michael Heilmann
    This is an excellent case of professional malpractice against the pharmacy. The statute of limitations is only two years. You must retain a lawyer to file a notice of intent to intiate litigation. The lawyer must hire a pharmacy expert. I recently settled a case just like this for $400,000.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    Yes , you may maintain an action against a pharmacy for a misfilled prescription. The time delay in learning of the misfill may be a problem. However, a local attorney familiar with this sort of matter can better advise you after going over the details.
    Answer Applies to: Georgia
    Replied: 8/15/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    In South Carolina, you probably have a claim for professional negligence against your doctor or the pharmacy. You will need to have a lawyer analyze this claim.
    Answer Applies to: South Carolina
    Replied: 8/15/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you were given the wrong medication you may have a clear case of malpractice/negligence. Do you have medical doctors who confirm all these problems were brought on by the drug? (some sound a bit far fetched but if the doctor ties it all together you may have a claim worth pressing) I would like to see what your doctor or doctors say. Do you have their chart materials? If not, get them. they are yours for the asking. I would be glad to review them with you at no cost to you.
    Answer Applies to: North Carolina
    Replied: 8/15/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    YES. You can seek "compensation" through a lawsuit for injuries caused by a pharmacy . . . if you can PROVE the allegations in your lawsuit.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Yes, it may be possible. I suggest that you consult with an attorney.
    Answer Applies to: Kansas
    Replied: 8/15/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    If the doctors will confirm that your problems were caused by the Neurotin 800 it sounds like you have a very good case for damages against the pharmacy that gave you the wrong medicine.
    Answer Applies to: Mississippi
    Replied: 8/15/2012
    Victor Varga | Victor Varga
    Yes.
    Answer Applies to: Maryland
    Replied: 5/29/2013
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Go see an attorney. A medical professional will causally relate your problems to the ingestion of the Neurontin, you may have a case. Good luck.
    Answer Applies to: New York
    Replied: 8/15/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes and damages for medical, lost work, pain and suffering and possible long-term affects.
    Answer Applies to: Washington
    Replied: 8/15/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Yes, you very likely have a case against the pharmacy.

    Most personal injury/malpractice lawyers, including my own firm, will charge you nothing for an initial consultation and will charge you nothing unless and until a recovery is made. See one now; your time to file suit is limited.
    Answer Applies to: Texas
    Replied: 8/15/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It sounds like a good case to me. I would need more information before actually taking the case but from your initial statement it sounds like a case that I would take. I put it in those terms because as you probably know, personal injury cases are taken on a "Contingency Fee" basis. That means you pay no legal fees unless and until your attorney achieves an award or settlement from the defendant. Lawyers only take these cases if they feel there is a good chance of success and that the amount available would make it worth the time and effort to pursue. Therefore, the best way to determine the merit of a potential case for a plaintiff is for an attorney to find the case meritorious. It sounds like you have a winner from first impression.
    Answer Applies to: Massachusetts
    Replied: 8/15/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It appears that you have defined a potential professional negligence action against the pharmacy, and if the problems and damages your describe can be shown to have been the result you can possibly recover them. Call my office or see an attorney now.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Jules D'Alessandro | Jules D'Alessandro
    You do have a claim against the pharmacy for dispensing the wrong medication to you. It seems clear as to liability, however the damages (injury) that can be tied directly to the negligence of dispensing the wrong medication will be the difficult problem. This is not the type of case that you can handle yourself. You will need a personal injury attorney to pursue this matter.
    Answer Applies to: Rhode Island
    Replied: 8/15/2012
    Law Offices of Mark Hopkins | Mark Hopkins
    1. Does your doctor still have a copy of his original prescription? If so, get a copy asp to show that the Dr. didn't make a mistake and write the wrong prescription, or has bad handwriting and could have easily been misinterpreted by the pharmacy. 2. If doctor's prescription was correct and readable, the pharmacy should be legally liable. 3. You need to contact a medical malpractice attorney asp, and file a complaint so that the statute of limitations doesn't expire. You claim may expire as early as 1 year from when your injury began. 4. You need to consult an atty asp today w/o any further delay.
    Answer Applies to: California
    Replied: 8/15/2012
    Mike Yeksavich | Mike Yeksavich
    If your doctor thinks that taking the wrong medication resulted in your problems you may well have a case. Please talk to your doctor about this and if he or she thinks your physical situation is a result of the wrong medication make an appointment to see me.
    Answer Applies to: Oklahoma
    Replied: 8/15/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    You probably do although it will depend on the doctor's opinion of whether or not Neurotin is a substitute for ibuprofen.

    You and I may have our own opinions but as non doctors our opinion doesn't count. The entire case will depend on medical opinions.
    Answer Applies to: Iowa
    Replied: 8/15/2012
    The Law Office of Scott M. Aaronson, PLLC | Scott Aaronson
    I believe you may have a case however Medical Malpractice cases are often lengthy and tricky. You have a cause of action, the only real question is substantial damages. I'd recommend calling an attorney at once.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You do have a claim for related injuries and medical problems if the substituted drug was not a proper generic alternative.
    Answer Applies to: Connecticut
    Replied: 8/15/2012
    Selik Law Offices
    Selik Law Offices | JOEL SELIK
    You have a case against the pharmacy. It is their responsibility to fill the prescription faithfully. Their failure led to you injuries and suffering.
    Answer Applies to: California
    Replied: 8/15/2012
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    Thank you for submitting your question about getting the wrong prescription. The answer to your question is probably, depending on the circumstances and available evidence. P
    Answer Applies to: Florida
    Replied: 8/15/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    I suggest you seek advice from an attorney so that the attorney can look at the entire picture. You may have a valid claim to pursue.
    Answer Applies to: Georgia
    Replied: 8/15/2012
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    Unfortunately this happens way too often. My law firm has handled numerous claims against pharmacies that have given the customer the wrong drug when they got the prescription filled. The effects can be deadly. You definitely have a claim and should immediately obtain the services of an injury attorney. Most attorneys who do this type of law do not charge you to do a consultation. In addition they will not charge unless or until there is a recovery.
    Answer Applies to: Indiana
    Replied: 8/15/2012
    Durkin & Graham, P.C.
    Durkin & Graham, P.C. | Joan Durkin
    Yes.
    Answer Applies to: Texas
    Replied: 5/29/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. I have had numerous clients injured by pharmacy mistakes.
    Answer Applies to: Alabama
    Replied: 8/15/2012
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    Yes. There is very unfortunately a growing incidence of this type of case. Please see an article that I authored on this subject. Here is the link: http://www.attorney-myers.com/2012/04/personal-injury-prescription-error/
    Answer Applies to: New Hampshire
    Replied: 8/15/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Based on the information given, you may have a claim against the pharmacy. You should contact an attorney who handles malpractice type actions. The attorney would be in a better position to advise you.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You definitely would have a claim against the pharmacy. I handled a similar case against a major pharmacy (not allowed to say which one) a year or so ago and they agreed to settle immediately after being served with the lawsuit.

    I also sued Sav-On a few years back for giving the wrong over-the-counter product to a customer and that case went to a 3-week jury trial.

    That was more difficult because we had to prove the pharmacist really gave the wrong advice, and we had to prove the injuries that resulted were causally related to the product.

    It was not easy, but we succeeded. Your case seems to have more extensive injury because you took it for so long and had the subsequent bad consequences.

    The medical injuries and hospital visit should be relatively easy to show causation, but the back and neck injury may be more difficult to prove.

    You should definitely consult with a personal injury attorney that has handled a case of this nature to ascertain all rights you may have.
    Answer Applies to: California
    Replied: 8/15/2012
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 8/15/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should consult with a medical malpractice lawyer for specific legal advice and assistance. Perhaps, that lawyer can first initiate a claim against the pharmacy's insurance carrier before filing a lawsuit.
    Answer Applies to: Indiana
    Replied: 8/15/2012
    Brankey & Smith, P.C. | Rodney L. Smith
    Yes, you would have a case against the pharmacy for filling the wrong medicine.
    Answer Applies to: Illinois
    Replied: 8/15/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes. Go to a personal injury attorney ASAP. There is a two year Statute of Limitations on your claim.
    Answer Applies to: Iowa
    Replied: 8/15/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Absolutely. I handled one of those cases myself about 2 years ago. It is the obligation of the pharmacist to fill the prescription properly, and if he or she does not do that, the pharmacy is responsible. If the pharmacist claims he/she could not read the doctor's writing, then he/she has an obligation to call the doctor and find out what that doctor intended to prescribe.
    Answer Applies to: Florida
    Replied: 8/15/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Medical malpractice cases in the great State of Washington are governed by statutes. RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70).

    The main question is usually whether the health care provider failed to follow the accepted standard of care in the field. RCW 7.70.030.

    There can also be causes of action for health care providers making promises they didn't fulfill, or acting without the informed consent of the patient.

    These cases are extremely difficult and require the testimony of an expert witness. Miller V. Jacoby, 102 Wn. App. 256 (2000).
    Answer Applies to: Washington
    Replied: 8/15/2012
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