Well legally you wouldn't have much of a case because unless there is harm as a result of the negligence there are no damages.

But the fact remains that there was still negligence on the part of the pharmacy even though you were bright enough to note the problem before it was ingested causing real harm. You could send a letter of complaint to the board of pharmacy describing the situation. Frankly I would probably only send a letter to CVS if you are also going to cc it to the board of pharmacy because CVS will likely disregard it.

When my son was in elementary school a pharmacist put the wrong labels on two meds; one my son's ritalin and one an adult med. My BF thought the med was simply a different generic and gave my son the med. When he got home he looked at both containers and realized the switch. His first call was to the pharmacist; he told the pharmacist my son had been given the wrong med. The pharmacist had no regard for my son, did not say to call my son's doctor or observe for signs of ... or anything. He only said to bring the bottles back and he would switch the labels. My BFs next call was to me and I told him to take our son to the ED. My son drank charcoal while in the ED and the RN said the ED doc called the pharmacist and chewed his @ss up and down for a good half hour. My son was pissed about the whole situation and said he thought the pharmacist should be forced to drink charcoal. But again since there was no permanent harm to my son from the pharmacist's error there was no legal recourse other than informing the board of pharmacy. Though I probably could have made the pharmacist pay the ED bill but at the time we had insurance so it was not an issue then.

I hate dealing with idiots.