In this new economy era, lawsuits are commonplace. From corporate boardrooms to personal relationships, lawsuits are filed all the time. There is no indication that the number of lawsuits filed each year is going to cease any time soon. Therefore, pharmaceutical companies, whether they are guilty of these lawsuits or not, are going to have to find a way to get out from under the lawsuits piling up against them.
One of the lawsuits that has been most publicized recently involves a New York pharmacist who was accused of improperly filling his or her patients’ prescriptions with expired medications.
The accusation was that the pharmacist, Jerry Hall, intentionally violated federal regulations regarding filling prescriptions for controlled substances by selling his customers unneeded medications. After being threatened with a million settlement if he did not resign, Hall stepped down from his position at CVS pharmacies in New York. He is appealing the district court’s ruling granting him the right to continue his business as usual.
Another case involves a Virginia nurse who was fired after filing a wage theft claim against her former pharmacy.
She claimed that she was improperly compensated and had been denied access to medical benefits that were due to her as part of her disability. As a result of these claims, other pharmacists at the store are being sued for not properly documenting prescriptions or notifying the disabled patient about the unexpired prescriptions. As a result of these and other lawsuits against CVS pharmacies, the company is currently being held in court-ordered mediation.
In addition to the above-mentioned meritorious lawsuits against CVS, another class-action suit was recently filed against the chain of pharmacies.
This suit claims that pharmacists have been improperly charging for medications without giving the patients the appropriate prescriptions or documenting the necessary information about those prescriptions. The lawsuit further claims that pharmacists have failed to ensure that proper forms of identification have been provided to patients in a timely manner. In addition to these wrongful acts, the lawsuit also claims that many pharmacists have made up drugs that are not properly covered by their CVS contracts.
Many of these lawsuits against CVS are being initiated by attorneys who represent the people who were improperly charged for CVS medications.
A number of these lawsuits have been successful in obtaining judgments in favor of the plaintiff. One such case is the lawsuit initiated by a Maryland woman who was improperly charged for her prescription medications. After receiving a judgment in her favor, she has been able to return to work while paying her attorney fees. A similar case in Florida has also been successful in allowing a former CVS customer to recoup damages from a medication error.
Other lawsuits against CVS pharmacies are based on premises liability lawsuits.
These lawsuits claim that CVS knowingly sold products that contain expired or misproved prescriptions. Some other premises liability lawsuits are based on defective medications or omissions in how businesses process or maintain CVS medication prescriptions. If you believe that you have a case against your local retail store, it would be advisable to consult with an experienced attorney who is knowledgeable about both traditional and litigation venues.
