CLAIMS AGAINST CVS PHARMACY

Estimated Reading Time: 13.7minutes

TheOneLawyer.com handles claims against CVS PHARMACY whether we go to trial or settle out of court. With our years of experience handling personal injury claims against large corporations, we have the knowledge and skill to prepare every case to go to trial from the very beginning and large companies know this from our reputation. If you or a loved one was injured at CVS PHARMACY or because of their negligence, this blog will help you to understand how to make a claim for personal injuries against a large company like CVS PHARMACY. There are many large retail chains in the United States where customers sustain personal injuries as a result of their negligence every year. As of August of 2020, there were 83 CVS PHARMACY stores in Nevada alone with hundreds more around the nation.

CVS PHARMACY is similar to most other retail pharmacies in that the maintain a retail store that sells a variety of merchandise, and they also operate a pharmacy to fill prescription medication. Like most retail chains, a large number of injuries accidents occur on their premises or as a result of the negligence of their employees, often by filling prescriptions incorrectly and causing personal injuries as a result of the negligence.

Actions against CVS PHARMACY for Accidents in their Stores

Many of the cases against CVS PHARMACY for personal injuries involve slip an falls, or what we refer to in the law as  “premises liability lawsuits.”   If you or a loved one is injured by a dangerous or hazardous condition, such as a wet floor, something falling on you or some other trip hazard at a CVS PHARMACY location, call an experienced attorney at TheOneLawyer.com to immediately preserve the evidence regarding your claim.

CVS PHARMACY is not the only retailer whose negligence sometimes causes personal injuries to customers. Other retail stores like Walmart, Target, Walgreens, Rite Aid, Home Depot, etc. are often culpable for creating negligent conditions that cause injury as well. However, this blog will address claims for personal injuries against CVS PHARMACY and many of our blogs this year will address claims against other retailers. In these cases, it is critical to prove the company did something wrong (aka was negligent) to cause the personal injury to their customer. Contrary to a common belief, a store is not liable for damages just because a guest is injured on the property. You must prove they were negligent, and in Nevada, this can be very tricky without an attorney.

Although most large companies like CVS PHARMACY take great care to ensure the safety of their customers, employees, including pharmacists do make mistakes that cause personal injuries to their customers and guests. CVS PHARMACY is frequently sued for personal injuries, and you can be assured that they have teams of sophisticated and experiences defense lawyers to fight your claim. That is why you need the experience of TheOneLawyer.com on your side to fight a large company if you sustain a personal injury on their property or as a result of their negligence. Attorney Laura Payne, Esq. spent almost a decade representing a large corporation defending personal injury claims and you need the benefit of that experience to fight the large companies when you are injured as a result of their negligence. gets sued a lot because of its sheer size. Great hospitals make mistakes.

There are most commonly two main types of lawsuits against CVS PHARMACY. Since they operate retail stores and received a high volume of customers shopping, many cases involve slip and falls and other injuries that occur at the store. CVS PHARMACY  is  a pharmacy that  fills millions of hundreds of prescriptions every day and mistakes are sometimes made in this part of the business that cause personal injuries.

Violation of NRS CHAPTER 639 – PHARMACISTS AND PHARMACY by CVS PHARMACY and Medication Error Lawsuits

Mistakes are a part of life and in Nevada, there is a substantial body of law that governs pharmacies in Nevada to help prevent such mistakes that is found at  at CHAPTER 639 – PHARMACISTS AND PHARMACY. This act governs Malpractice claims against pharmacies that generally fall into two categories which include dispensing drug errors and harmful drug interactions. Dispensing errors actually happen more often than you believe by high-volume pharmacies like CVS PHARMACY. The good news is that in most cases these errors cause little if any harm. However, dispensing errors of giving the wrong medication or the wrong dose and sometimes cause substantial injury or even death resulting in a wrongful death claim.

Settlements and Verdicts Against CVS PHARMACY For Personal Injuries

Listed below are just a small sampling of the claims for personal injuries against CVS PHARMACY that resulted in jury verdicts or settlements. These cases include both premises liability and pharmacy liability claims. In is important to note that for all of the claims for personal injuries brought against CVS PHARMACY, very few go to trial.

CVS Settlements and Verdicts

Below are summaries of lawsuits against CVS that resulted in jury verdicts or settlements that were publicly reported. These cases include both premises liability and medication error claims. Keep in mind that the cases below are just a small, limited sampling of CVS lawsuits because they do not include cases or claims that were settled confidentially.

  • Wallace v CVS Pharmacy (Alabama 2019) $50,000: A boy was prescribed 2 mg of Baclofen. CVS dispensed 2.5 ml instead, which is a higher dose. The boy suffered lethargy, disorientation, an altered mental status, nausea, and vomiting. He also suffered the aggravation of his developmental delays and pre-existing neurological issues. His issues resolved after 30 days. The boy’s mother alleged that CVS’s failure to dispense the right dosage caused his injuries. This case settled for $50,000.
  • J.L., Pro Ami v CVS Pharmacy (New York 2019) $40,000: A 7-year-old boy suffered an infection. He was prescribed Azithromycin. CVS dispensed Alendronate, also known as Fosamax, instead. The boy suffered respiratory and gastrointestinal issues, including vomiting and shortness of breath. His parents alleged that CVS’s failure to dispense the right medication caused his injuries. The defense denied liability. This case settled for $40,000.
  • Marrone v CVS Pharmacy (California 2018) $2.5 million: plaintiff, 57-year-old female, is walking up ramped entrance to CVS Pharmacy when she trips and violently falls over a metal stub sticking out of the concrete with duct tape on it. The stub was remnant of a metal sign post that had previously been removed. Plaintiff did not request an ambulance or medical treatment immediately after her fall, but the following day she complained of pain all over her body and particularly in her left wrist. She went to a doctor and was diagnosed with herniated lumbar discs at L4-5 and L5-S1 with annular fissures, and osteophytes, or bone spurs, at C5-6 and C6-7, resulting in disc osteophyte complex. Over the next 2 years she undergoes numerous back surgeries and incurs medical expenses of over $400k. Defense admits liability – how could they not? – but contests the extent of plaintiff’s injuries in her CVS pharmacy lawsuit.  The jury sided with the victim and awarded $2.5 million.
  • Katz v CVS Pharmacy (California 2017) $1.1 million: female plaintiff is shopping at CVS store when a store employee strikes her with a heavy metal shopping cart full of stock items. The impact knocks plaintiff over and she hits her head on a shelf and suffers a traumatic brain injury with white matter damage to her cerebellum with permanent cognitive impairment. She also suffers cervical back strain and shoulder damage. CVS denies liability claiming that plaintiff’s own negligence was a contributing factor to the incident and denying that plaintiff hit her head on the shelf as alleged. Jury awards $1,190,000 in damages including $550k for pain and suffering + $300k for future medical expenses.
  • Redmond v CVS Pharmacy (Texas 2017) $202,500: 61-year-old male plaintiff walks into CVS store to pick up his prescription. Store was not officially open yet but doors were unlocked and it appeared to be open for business. Contractors were inside the store installing shelving and electrical wiring. Plaintiff was told the store was closed so he starts walking back out when a large roll or electrical conduit falls on him and knocks him down. He suffers complex hip fracture requiring surgical repair with plates and screws and sues CVS and contractors for premises liability. Cases eventually settles for $202,500 with CVS paying for most of the settlement.
  • Kadar v CVS Pharmacy (Indiana 2013) $455,563: female customer is walking into CVS store when she slips and falls on accumulated snow and ice in front of the building. She breaks her right leg and ankle in the fall and has to undergo several surgeries to repair the injuries. She sues CVS for premises liability but CVS denies liability claiming that its snow removal contractor had cleared the walkway shortly before the incident. Jury awards plaintiff $455k in damages.
  • Thompson v CVS Pharmacy (Oklahoma 2013) $460,000: plaintiff is driving past a CVS store in Oklahoma City when he car skids on a patch of black ice, rolls over and slams into oncoming traffic. She suffers moderate head injuries and ruptured lumbar disc at L4/L5 which requires her to undergo spinal fusion surgery. She sues CVS alleging that the source of the black ice was a water leak coming from the CVS store near the intersection. CVS denies known of the leak but at trial the store’s assistant manager admits that they were aware of the leak and had actually taken some steps to fix it. Jury awards $460,000 which includes punitive damages.
  • Parker v CVS Pharmacy (Alabama 2011) $165,000: plaintiff’s family doctor prescribes her a combination of two antibiotics, sulfamethoxazole and trimethoprim. She goes to CVS to have the prescription filled and they mistakenly give her hydroxyzine, an antihistamine slightly stronger than Benadryl. She suffers an acute allergic reaction to the antihistamine and goes to the hospital with uncontrollable shaking. She is released from the hospital a few hours later but she claims that the reaction causes her various medical problems over the following 2 years including swelling in her hands and wrists, fatigue, leg pain, vaginal bleeding, and other issues. CVS admits that it negligently filled her prescription but disputes the extent of her alleged damages. Jury awards $165,000.
  • Nussbaum v CVS Inc. (Virginia 2011) $1.15 million: plaintiff’s doctor calls in a prescription for Bactrim DC to the CVS pharmacy in Great Falls, VA. Plaintiff was already taking a blood thinner drug, Coumadin, which was contra-indicated with Bactrim because of a potentially dangerous interaction. Within 2 days the interaction between the drugs causes plaintiff to suffer uncontrolled internal bleeding and she dies soon after. (There are a many pharmacy drug interaction lawsuits involving this Bactrim/Coumadin.) Her family sues both CVS and the doctors for wrongful death, alleging that they were negligent in prescribing and filling a prescription for a contra-indicated drug. CVS paid $950,000 to settle the medication error claims against it and the doctors paid $200,000.
  • Molettiere v CVS Pharmacy (Pennsylvania 2011) $250,000: plaintiff slips and falls on unremoved snow and ice directly outside the entrance to a CVS store in Montgomery County, PA. She suffers back and neck injuries and sues CVS and snow removal contractor for premises liability. Snow removal contractor settles out and case proceeds against CVS. Jury awards $250,000 in damages.
  • Ostrow v CVS Pharmacy (Connecticut 2006) $387,500: 77-year-old man suffers adverse reaction to prescription drug Biaxin which was filled by CVS. He sues CVS alleging that the pharmacy failed to properly review his list of current medications and failed to warn him of a potentially dangerous interaction with his blood pressure medication, Zocor. Jury awards $387,500 in damages despite the fact that plaintiff’s injuries were apparently not permanent in nature.
  • Chachad v CVS Pharmacy (Georgia 2004) $115,000: middle-age female plaintiff receives new prescription from her doctor for Glucotrol for management of her diabetes condition. CVS incorrectly fills the prescription with a blood thinner drug called Coumadin. Plaintiff takes the wrong medication for a month before undergoing planned surgery on her knee. After knee surgery plaintiff experiences excessive bleeding and vomiting at which point doctors discover the medication error by CVS. The drug she got from CVS made her blood too thin requiring two days of hospitalization with coagulation therapy, but no long-term injuries. CVS blames the mistake on the doctor’s office but jury ultimately finds CVS responsible and awards $115,000 in damages. This case would have been worth much more if medication error had caused permanent injuries.

When fighting companies like CVS PHARMACY, filing a claim with the Walgreen claims department yourself is extremely unlikely to yield results, even when a severe injury results. Large corporations like CVS PHARMACY are worth billions and but will still fight hard against injury claims even if liability is clear. However, retaining the experience of TheOneLawyer.com is the best way to preserve your claims. If they know they have liability and you have an attorney to go to court against them, they will often pay large settlements for serious injuries sustained by people that are a result of their negligence.

WHY I AM GRATEFULL 2022: On mornings like this as I sip my coffee with a sense of panic of all the work I have on my desk, I take a breath and remind myself how profoundly grateful I am for my clients and the opportunity to practice law in a small practice. I have the privilege of knowing all of my client by name and being here to provide legal help and make sure they get the medical care they need and the compensation they are entitled to receive. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032.

author avatar
rothbright
Rothbright is a data-driven digital marketing and technology agency

Leave A Comment

Contact me today – As a former insurance attorney, I have expert knowledge of how insurance companies operate, and I get you the best possible outcome for your case!

author avatar
rothbright
Rothbright is a data-driven digital marketing and technology agency