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Medical negligence too high medication dose given by pharmacy

Tucson, AZ |

Last week CVS filled a phoned in RX for THREE times more Lyrica than my dr had prescribed and I unknowingly took the medication in that dangerous dosage for a week. I was staggering, confused, and etc. Meanwhile my doctor tells me that CVS gave me much more than my stage three kidney failure allows, so now I don't know what damage may occur in the next few months. Problem. This happened in AZ and I am leaving for MD where my son & his wife have offered to care for me for six months, then I return to my legal residence of AZ. CVS is a national company. What can I do?

I have made several phone calls to CVS, all unreturned. I had to phone this pharmacy in my area three times to get them to pull the hard copy to tell me if there was a problem with the dosage. I will file this myself if I have to. I am on disability and I am very upset that now they may have caused me to need dyalisis.

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Attorney answers 6


It sounds like it is too early to determine your damages. If the overdosage does cause you kidney failure then you definitely need to pursue. Do not call CVS anymore. Contact a local malpractice attorney to discuss. They can tell you what the statute of limitations is. The case would have to be brought in AZ if that is where it happened. Hopefully your kidneys can handle the extra dosage since you only took it for a week.


I agree, do not call CVS back. Keep the prescription bottle and contact a local Phoenix-area personal injury attorney ASAP to for guidance on how to proceed. It could be too early to determine what your damages are, so continue to treat with a doctor so that your problems are documented.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


The statute of limitations will probably run two years after your discovery of the error. So you have some time to determine what injuries, if any, you have suffered -- which will be an important factor in determining whether this is something that you wish to pursue.


Keep the bottle, and have a local prescription errors attorney investigate


As usual, I agree with Mr. Curtin, but it would probably make some sense to contact a lawyer who can more fully explain what to expect going forward if you have questions at this time.

Your claim is probably governed by one or more limitations periods. This means that you must take certain actions within a certain period of time to preserve all of your rights. A limitations period can be very short. I encourage you to speak with a lawyer who handles medical negligence cases in your area as soon as possible. I would be happy to help you find someone.


Consult witha local personal injury/medical malpractice attorney before you go.

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