Doe v. Rite Aid

Background

Mrs. Doe (name has been changed) and her husband have three young children. After a routine visit to the doctor's office, Mrs. Doe was informed that she suffered from hypertension. As a result, her doctor prescribed a medication, and she had the prescription filled at a local Rite Aid pharmacy. She took the medication in accordance with the instructions on the bottle; however, her blood pressure did not improve. In addition, she suffered from nausea, which interfered with both her employment and her family life. After several weeks, Mrs. Doe discovered the pharmacist had given her the wrong medication. Upon discovery of this error, she stopped taking the wrong medication and began taking the correct medication, eventually making a full recovery.

Solution

A Nauman Smith attorney represented Mrs. Doe in an action suit against Rite Aid. Although, she did not suffer any long-term injuries, Mrs. Doe felt it was important to hold Rite Aid responsible for its actions and for the injuries she suffered. A pharmacist, just like any other professional, has a responsibility to exercise his or her duties with care. In this case, the pharmacist was negligent in giving the wrong medication to a patient. As a result of this negligence, the patient suffered nausea, which interfered with her ability to care for her family and to perform her job.

Result

After all efforts to resolve the case with Rite Aid amicably failed, the Nauman Smith attorney filed suit in the Court of Common Pleas of York County, and eventually tried the case before a panel of arbitrators in York. After hearing all of the evidence in the case, the panel of arbitrators found Rite Aid negligent and awarded Mrs. Doe, and her husband, $15,000.00.


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