CVS Trouble - Lawyer or Not

What would you do in this case?

My husband was placed on high blood pressure medicine two months ago and when we got his prescription filled for the second time the local CVS store mixed in a pill that did not belong... I looked up the medicine and it is Alprazolam (used for anxiety & panic disorder) I did a drug interaction with this pill and my husband other medication and I found out that if he had swallowed the wrong pill that day it could of had a bad reaction with four of his other medicines, and a food interaction if he had drank any grapefruit orange or apple juice on that day.

So my question is -
Should I contact a lawyer over this matter or just let it go, or talk to the legal department of CVS and see what they have to say?

Thanks.

I realize it's very frustrating that this happened and justifiably so, but I would just call the pharmacy and speak to the head of the pharmacy. Calling a lawyer and handling it this way would result in legal bills and because he didn't injest the pill(thank God) there wouldn't be much of a case. Also there's alot of fraudulent cases out there and their legal side would try to say you guys put the pill there on purpose - of course you didn't.

Several years ago I was prescribed a double the dose of antibiotics and got a rash. It was the pharmisists mistake becaue when I went back to the doctor he said he didn't prescribe 2 pills at a time. Good thing you were alert and caught it before he took it.

Having worked in medical malpractice defense, do NOT talk to CVS. Be sure that you preserve any evidence that you have which substantiates that he actually received the wrong medicine mixed in with his medicine. If you feel that you want to pursue legal action, then talk to a personal injury lawyer. But I will offer this advice to you.

If the only contraindication that you were able to identify was the grapefruit juice and/or apple juice item, then think real hard about it. Remember that when a drug company is granted a license to distribute a drug, the Food and Drug Administration requires them to publish possible reactions that far exceed anything that could more than likely happen in a million years. (exageration) What I'm getting at is, they have to publish so much stuff to cover their arses, that the chances of anyone actually being harmed as a result of some of the stuff they are required to pubish is very very slim. What this means to you and your husband is even if he did take the pill, he may not have and probably did not have any actual, measurable damage as a result of taking it.

Actually, grapefruit juice and apple juice tend to simply render a medication ineffective. So they tell you to avoid those foods.

It's really up to you. Most of the time, personal injury lawyers do grant an initial interview free of charge so it might not cost you anything to find out if it would be worth pursuing.

Best of luck. I'm glad he was not seriously harmed.

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.

I would be glad it was discovered before harm was done.
I would also notify the CVS corporate office and the store where purchased, so no one else is at risk.
Then I would change to another pharmacy without looking back.

We have the pill in a zip lock sandwich bag with a stick-it-note with the date on it.

I found four drug interactions and one food interaction.... as stated above.

DRUGS:

alprazolam ⇔ omeprazole

Applies to: alprazolam, Prilosec (omeprazole)

MONITOR: Omeprazole may increase the pharmacologic effects and serum levels of certain benzodiazepines via hepatic enzyme inhibition. Diazepam and triazolam are the only benzodiazepines that have been specifically studied in this regard.

MANAGEMENT: Patient should be observed for increased sedation. Reduced benzodiazepine dosage may be indicated, especially in the elderly. Benzodiazepines not metabolized via oxidation (i.e., lorazepam, oxazepam, temazepam) are not expected to interact and may be considered as alternatives.

alprazolam ⇔ cyclobenzaprine

Applies to: alprazolam, Flexeril (cyclobenzaprine)

MONITOR: Central nervous system- and/or respiratory-depressant effects may be additively or synergistically increased in patients taking multiple drugs that cause these effects, especially in elderly or debilitated patients.

MANAGEMENT: During concomitant use of these drugs, patients should be monitored for potentially excessive or prolonged CNS and respiratory depression. Ambulatory patients should be counseled to avoid hazardous activities requiring complete mental alertness and motor coordination until they know how these agents affect them, and to notify their physician if they experience excessive or prolonged CNS effects that interfere with their normal activities.

alprazolam ⇔ tramadol

Applies to: alprazolam, Ultram (tramadol)

MONITOR: Central nervous system- and/or respiratory-depressant effects may be additively or synergistically increased in patients taking multiple drugs that cause these effects, especially in elderly or debilitated patients.

MANAGEMENT: During concomitant use of these drugs, patients should be monitored for potentially excessive or prolonged CNS and respiratory depression. Ambulatory patients should be counseled to avoid hazardous activities requiring complete mental alertness and motor coordination until they know how these agents affect them, and to notify their physician if they experience excessive or prolonged CNS effects that interfere with their normal activities.

alprazolam ⇔ carvedilol

Applies to: alprazolam, Coreg (carvedilol)

MONITOR: Many psychotherapeutic and CNS-active agents (e.g., anxiolytics, sedatives, hypnotics, antidepressants, antipsychotics, opioids, alcohol, muscle relaxants) exhibit hypotensive effects, especially during initiation of therapy and dose escalation. Coadministration with antihypertensive agents, in particular vasodilators and alpha-blockers, may result in additive effects on blood pressure and orthostasis.

MANAGEMENT: Caution is advised during coadministration of these agents. Close monitoring for development of hypotension is recommended. Patients should be advised to avoid rising abruptly from a sitting or recumbent position and to notify their physician if they experience dizziness, lightheadedness, syncope, orthostasis, or tachycardia.


FOOD:


alprazolam ⇔ food

Applies to: alprazolam

GENERALLY AVOID: The pharmacologic activity of oral midazolam, triazolam, and alprazolam may be increased if taken after drinking grapefruit juice. The proposed mechanism is CYP450 3A4 enzyme inhibition.

MANAGEMENT: The manufacturer recommends that grapefruit juice should not be taken with oral midazolam. Patients taking triazolam or alprazolam should be monitored for excessive sedation. Alternatively, the patient could consume orange juice which does not interact with these drugs.

Sounds like it would have taken more than one pill to really cause a problem. I'd just talk to the pharmacist and voice my displeasure. I'd also talk to the manager of the store and let him know you are taking your business elsewhere.

I left a message with the legal department of CVS Corp - I will let you know what they say.

Changing over to Walgreens this weekend... with my new Rx.

Yeah that is probably true, it just gets my goat that it was this store that made the mistake as they have personally SUCKED since CVS bought Eckerds out.... I miss the friendly touch Eckerds always gave and I never had an issue with them in the twenty years I used their service.

CVS has been a thorn in my side since the day they took over and I guess this last thorn actually cut me - so its time to move on.

Thanks for listening.

UPDATE:

Corp Legal Department just called me back and I was informed that it was not their department since no actual injury was done to the customer. I have to call the Regional Department for my area on Monday and they will take a report then investigate it... out come will be pending.

Strangely enough the number Corp gave me to call was the first number I called today and no one answered, just an automative voice telling me what button to push and yet no option was ever given for cutomer service or legal.

Any suggestion now?

Pharmacists are licensed by the state....

Still recommend you send letter to board of pharmacy in your state.

Here is a place you can file a complaint----> http://www.consumeraffairs.com/php/a_report.php

It seems that CVS has numerous problems -

"We receive many serious complaints about CVS pharmacies filling prescriptions incorrectly, losing prescriptions, dispensing the wrong quantity of pills and generally mistreating their pharmacy patients,..."

http://www.consumeraffairs.com/rx/cvs.html

CVS made an error with one of my meds recently too. I received a med for nausea and I was unfamiliar with it so I read info online. I learned that the oral dissolving version is not supposed to be removed from the foil container until immediately before used. Mine were already out of the foil sitting in the pill box. At $10 per pill you would think they could get it right. Not a potentially fatal error but it still could affect the efficacy of the pill and when a single pill costs $10 you really want it to work properly. I am going to complain to the pharmacist who filled it and ask him why he decided to dispense it that way and make it clear to him that the only time he fills my meds is when I am really, really sick and can't make the 45 min trip to Walmart.

Walmart though I LOVE as a pharmacy. I moved all my prescriptions to Walmart after an incident with my then pharmacy. I did not realize it but the previous pharmacy was charging my son $14 for Seroquel because it was one of their program drugs and when I filled it at Walmart I did not know that it would cost $250. Because the external labels only list the rx # and price I only knew I had spent $700 but didn't know for what. I cried when I got home when I realized I had spent so much for the Seroquel. I called the Walmart pharmacist and asked if there was an error since the med was so costly but that was the actual cost. I told him I didn't realize the costs of each until I opened every package at home and he was soooooo nice to me. He said that because I was new to their system he would make a one time exception and allow me to return the Seroquel for a full refund. I cried on the phone. He could not give the pills to others because they were not package sealed but he took the loss to help me out. That is a good pharmacy.

Let me add an additional comment: Yoda was right when she more succinctly said if there was no harm then there are no damages. And, the reason I said NOT to contact CVS is because if you are contemplating legal action, they would be the last ones you would want to contact. However, if you simply want to draw attention to this error, reporting CVS to the Board of Pharmacy with a copy to CVS would certainly be appropriate. The difference in which action to take would depend upon whether or not you plan to litigate.

I used to go to the CVS pharmacy to fill my prescriptions. I had always had trouble with them in getting my insurance straightened out. A lot of times, I had to wait for a few days for them to get it straightened out, so I can get my meds. After so many of that, I just left and went to another pharmacist.

Your hubby is a lucky man, Rhapsody.

I used to have the very best pharmacist ever in the city.

He was amazing. He did me many many favors and sat and answered questions and looked at injuries and whatever my panic-obsessed butt could come up with that day..

I was and still am terrible for misplacing medication or forgetting to go get refills, and he many many times lent me enough to get by until my appointment- even my sedatives, though i suspect he probably was not allowed by policy. He helped me when i found out i was pregnant and they let me slide on the copay a few times because I did not have the cash. A few times he gave me two or three weeks of meds and id come back for the rest when I had money. Incidentally, Across from him was the very best doctor I have ever had - but he moved home to India. I miss him, he was amazing.

Oops that was kind of off topic. The point I wanted to make is that its vital that you trust and get along with your pharm, i think. They can help s much just by answering questions or monitoring you.

off-topic a bit too but that is how my ADHD wired brain works -

One time I went to a pharmacy and picked up a new med and asked for the package insert so I could learn about it. The tech declined and said they were not allowed to give package inserts to patients, they were only for the doctors. Begin Yoda rant - I politely informed her that I had been a critical care nurse for many years and knew d*** well that as an RN I was just as responsible for a medication error as the physician was and interpreting a package insert was a pretty basic function and why should I not be as informed about the drug as my doctor or else how would I know how to intelligently discuss the med effects with him. I got my package insert.

Run on sentence, I know. I am (was?) a decent technical writer but the spontaneity of internet discussions has ruined my composition. Whadyagonnado????

WOW--several different experiences. My husband's ins. requires I do mail order if a med has been prescribed for a couple mos. so I didn't know that & thought I was still "on trial" for my new high blood pressure med & got it at CVS again & found it was like 80 bucks when it had been free before. The guy at the pharmacy told me to call my medication mail order people. Meanwhile, I took the meds w/me (paid for them) & called & found out it would be free if I did it through the mail order so went back w/the unopened package & the manager at CVS was so kind to tell me he would give me the credit for the amount I paid but that even though I hadn't opened the bag he would have to throw them out & take a loss due to the fear of tampering. So he helped me on that.

But another time I was prescribed Klnopopin 2 at night & I drove away & at home looked at it & had only been given enough for one at night so I drove back & told the guy. They did give me the right amount but I notice now any meds I fill there they have showed that they are counted TWICE. Well-good thing, I guess...

My mail order meds is HORRIBLE. They sent my high blood pressure medication to me w/the wrong dosage! What if I were elderly (getting there) but had not looked carefully at the bottle? Then in one of my pill containers was a pill that did not belong! Totally unrecognizeable to me! Don't know what it was but luckily look at each pill to make sure it is what I should be taking.

So when I called them about the wrong dosage of high blood pressure medication. They were very unconcerned--sent me the correct dosage & CHARGED ME THE 15 BUCKS OR SO FOR EXPIDITED DELIVERY--I don't think so!!

I didn't even tell them about the random pill that was put in my bottle of pills that I couldn't recognize. They do not seem to care. I think the ins. co. must have picked them as they were the lowest bidder & I can see why.

I have a 2 thousand dollar deductible on my meds which I basically fill up by the middle of Feb. due to my meds being very expensive so I guess I need to keep my mouth shut as I hear of other ins. co. not wanting to give yu what the doc prescribes but a lower cost drug as a substitute. Mine doesn't do that.

But it seems to be a full time job just getting the reordering in at the right time & then I have to be home to sign as some are "controlled substances."

My reorder calender is so complicated as some meds or different dosages were presribed at different times so I can't reorder all at once. My calender every 2 weeks or so says it is time to reorder such & such or get a script for such & such & since we do travel a lot I have to try to predict when they will deliver so I can sign.

Please explain in full detail why - is it because they may use some thing I say against me if we go to court or is it they may try to get me to settle out of court for less?

Thanks.