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Walmart pharmacist gave 5 times the dosage for my 4 month old son. How much settlement to expect?

Bentonville, AR |

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?

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Attorney answers 8


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.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


I recommend meeting with a lawyer to discuss in person. It's hard to give a value without knowing everything including, but not limited to, the amount of specials and extent of any permanent damage.

This communication is not intended to, and does not, create an attorney-client relationship.


Valuations are difficult. Each case is unique. I do think the damages in your case warrant representation. Please consult with and retain a lawyer.


See a local injury lawyer asap. Do not give info to Wal mart or sign auth for them to get records. They are looking to pay as little as possible.


Walmart will try to rip you off. I deal with them on prescription mistakes constantly. Hire an attorney and you will get more money.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


I suggest contacting a local attorney. It's hard to say what, if any, settlement could be reached. I would not sign any authorizations. Contact a local lawyer first and seek out their advice. You should be able to find lawyers with free consultations.


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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