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Do I have a case against the pharmacy worth contacting a lawyer?

Round Lake, IL |

I am suffering from MS and and on a medication for a flare up of my disease. My pharmacy gave me 2 different mg of the medication mixed in the same bottle and I have been taking this for two weeks now. Because of the doses being incorrect my relapse has become extremely worse and the medication may not even help at all.

Attorney Answers 7


  1. Please understand that your opinion is not good enough. That said if any doctor has told you the facts that you recite, you should immediately contact a qualified personal injury attorney.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. Yes you do have a case, albeit a small one. I am handling several similar "wrong medication/prescription" cases now.

    It costs nothing to contact a lawyer and the fee is contingent upon recovery. Almost all of us offer free consultations.

    Get your doctor to check you out, save the medication via photographing it and showing your doctor, and call a lawyer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  3. To add to the two excellent responses, make sure you save the medication and bottle. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  4. You do not indicate how you knew that there were 2 different dosages and how you determined that this was the cause of your relapse. Is this because the dosages that you took were too low? Why wouldn't the medication help at all now? If your doctor told you this, can he support this position? If not, you will have to ultimately find a doctor to testify to this. This seems like a difficult case on several levels. You should, however, consult with a local personal injury/medical malpractice attorney who may be able to answer your questions.


  5. I would also add that you should supplement your response. It would be helpful to know whether yourMS condition has been permanently worsened due to the error.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.


  6. Most likely, so contact one of the above lawyers for representation.


  7. Providing the wrong medication to a patient is certainly negligence. The tougher part of the claim will be proving how you were harmed. The pharmacy will likely allege that your relapse is from some other cause. You should consult with an injury attorney immediately and, as already mentioned, keep the bottle and medication.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

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