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I am having trouble settling with a pharmacy who gave me 2 wrong prescriptions -1 was 10x the doseage.

San Diego, CA |

I was given two wrong prescriptions for hormones. One was completely wrong and the other one was 10x the dosage. I have used much of my own funds to go through testing and treatments to hopefully prevent further damage. I am still having some problems but have run out of funds for more testing. The pharmacy's insurance has offered me less than I have already paid out. This is causing even more stress on me physically and emotionally now with the financial strain. I am seeking someone to represent me. This is a pharmacy that has made some major mistakes and if gone public could probably have a class action suit against them.

Attorney Answers 8


  1. I would consult an attorney in regards to your legal issue. If you are significant long term issues and have proof of the wrong prescription dose, then this case could have a significant value. However, an attorney will need to know more information in order to ascertain if it is case worth pursuing due to the high costs in litigating a case.


  2. Receiving the wrong medication and being harmed as a result is the definition of a negligence claim. Finding a local and qualified personal injury attorney should be relatively simple. Don't delay. Search avvo, ask those you trust and respect for recommendations, call your state's trial lawyers association. Interview and few and look to hire the one you are most comfortable with and confident in. 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


  3. You do not provide adequate information with respect to the incorrect prescriptions; or your injuries. For example, did the pharmacy give you the wrong prescription and mislabel the product? Or, were you given the wrong prescription, which was properly labeled, and you did not notice that you had been given the wrong prescription. Also, what are the nature of the injuries you have suffered? How much have you spent in medical care? What additional treatment is needed? What costs will you incur in receiving this treatment? Will you suffer permanent residual injuries from ingesting the wrong prescription? All of these factors are needed to properly evaluate your case. Consult an attorney immediately because you also do not provide the date of loss, and the statute of limitations may need to be protected. Best of luck!

    Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.


  4. It definitely sounds like you have been harmed by their negligence. It also sounds like they are acknowledging that you have a case since they are willing to settle with you. I think if you get one of us involved we can get you more than what could on your own. Best of luck to you.

    Free consultation. Direct line- 855-637-0938 .24/7. Video/Phone/In-Person. aalok.sikand@gmail.com. I provide my clients with honest, thoughtful advice and diligent, vigorous representation in a number of practice areas. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on avvo.com as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.


  5. Pharmacy negligence claims require clear documentation as to the extent of damages caused by the prescription error. In addition, and this is vital, documentation must establish an unequivocal link between that pharmacy mistake and the damage caused. Causation seems so obvious to some that it is, regrettably, often overlooked as an element of a negligence claim. Find an attorney in your jurisdiction who has handled such claims. Here's more on pharmacy error. BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  6. Why were you using the pharmacy if you knew they were making "some major mistakes?" You are going to continue to have trouble settling until you hire an attorney to represent your interests. Even though having an attorney is no guarantee of a fair recovery, it will enhance your chances immeasurably.


  7. I am sorry for your terrible experience. You may have a one year Statute of Limitations so do not hesiatate to call an attorney.

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