My 4 month old son was prescribed lasix. The doctor called in the prescription to Walmart. When I pickd the med from Walmart it had 0.5 tsp mentioned as dosage. After I started
Giving the med my son started getting crankier, puked a lot, started loosing weight. 5 days later he was hospitalized. He was diagnosed with failure to thrive due to 5 times high dosage of lasix. He was in hospital for 2 weeks and all kinds of test including brain MRI was done. He was discharged with a NG tube as he is still not feeding properly. When I went back and confronted the pharmacy manager they acknowledged their fault.The claim dept of walmart has got in touch with me and they have given me a Claim number. They have asked for authorization to get medical rec. how much settlement to expect. Shal I sue?
Yes you should sue and you should hire an attorney to handle this. If you try to do it yourself you will get nothing or very little. I answered a question today where someone tried to handle a claim regarding getting injured on the bus but filed in the wrong place causing him to miss the statute of limitations and probably completely loose his claim. It is much smarter to pay an attorney a third of a decent settlement/judgment then get nothing.
I agree with the other answers. You should definitely consult with a lawyer before settling your claim. It is impossible to determine the extent of injury without reviewing the medical records and consulting with an expert, probably a pharmacologist. I recently settled a similar case against Wal-Mart for miss-filling a prescription for Prednisone and used a pharmacologist at UAMS to render an opinion on the extent and permanency of injury.
Hire an attorney licensed in Arkansas as soon as possible and STOP TALKING TO WAL-MART! There is no reason you should be discussing anything with their claims department and you certainly should not hand over any authorizations. Wal-Mart has earned itself a terrible reputation for treating injury victims unfairly. Also, this claim is more your child's than yours, so any settlement should be overseen by a guardian ad litem and approved by a court. Shall you sue? Absolutely.
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