Walgreens attorneys seek to transfer medical malpractice suit to federal court

By Jon Campisi | Mar 7, 2012

Lawyers for pharmaceutical retailer Walgreens have filed a removal notice at the U.S. District Court in Philadelphia seeking to remove a medical malpractice suit initiated by a Pennsylvania man who alleges he was given the wrong medication.

Attorney James L. Moore, Jr., of the Philadelphia firm Thomas, Thomas & Hafer LLP, filed the removal notice March 5 on behalf of Walgreen Co., Walgreens Pharmacy, Walgreen Drugstore Inc. and Dr. Jai D. Mistry.

The civil action was initially filed at the Bucks County Court of Common Pleas on Feb. 10 by Penndel, Pa. attorney Timothy M. Kolman on behalf of New Hope, Pa. resident Timothy Michael.

Michael alleges professional negligence on the part of the defendants relating to a Sept. 29, 2009 incident at a Walgreens location in Jamison, Pa. in which Mistry filled Michael’s prescription with the wrong medication.

Michael claims he sustained various injuries after ingesting the medication, including “violent” side effects that caused him pain and suffering and serious permanent injury.

During the days after unknowingly getting the wrong medication, Michael engaged in “bizarre” behavior while at work, and he lost control of his vehicle during a drive one day, an incident that caused him to careen into a ditch and sustain injury, according to the complaint.

The lawsuit accuses the defendants of negligence, corporate negligence and vicarious liability.

The suit accuses Walgreens of failing to properly fill a prescription, failing to adhere to the accepted procedures of administering drugs to customers, and failing to exercise reasonable care and diligence in the application of its knowledge and skill to Michael.

The suit claims Michael has incurred “large and unnecessary” medical bills, lost wages, loss of employment, physical pain and suffering and mental anguish due to the defendants’ combined negligence.

In the removal notice, defense attorney Moore states that the action should be transferred to federal court because the amount in question exceeds the jurisdictional limit at state court and because of the diversity of citizenship between the parties involved.


The federal case number is 2:12-cv-01161-JS.


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