PHILADELPHIA – The parent of a child allegedly injured by an improperly-filled prescription medication which resulted in her daughter being hospitalized on three occasions in 2015, has sued CVS in connection with the incident.
Paige Neal-Jackson (a minor, through her mother Latoya Neal), both of Bensalem, filed suit in the Philadelphia County Court of Common Pleas on July 6 against CVS (a.k.a. CVS Pharmacy) of Bensalem, Pennsylvania CVS Pharmacy, LLC, CVS Caremark Corporation and CVS Health Corporation, all of Woonsocket, R.I. and Renee Kim, RPH of Churchville.
“On or about Jan. 15, 2015, Neal-Jackson suffered from a seizure disorder and other medical conditions for which she was being treated by her physicians with a variety of medications including anti-seizure medications and medications for respiratory conditions. On or about Jan. 15, 2015, a prescription was filled for Neal-Jackson at the CVS Pharmacy located at 3943 Hulmeville Rd, Bensalem,” the lawsuit says.
“On or about Jan. 15, 2015, due to the negligence of the defendants, the prescription of Neal-Jackson was filled with 2mg glimepiride tablets instead of glycopyrrolate, which was her proper medication. Neal-Jackson was provided and consumed the glimepiride tablets for the first time on Jan. 15, 2015 and for the final time on Jan. 27, 2015, as dispensed by defendants, throughout that time period. On Jan. 27, 2015, Neal-Jackson’s mother, Latoya Neal, became aware of the medication error. Due to the administration of the wrongly filled medication, Neal-Jackson required three hospitalizations, from Jan. 16 – Jan. 17, 2015, from Jan. 20 – Jan. 26, 2015, and from Jan. 27 – Feb. 5, 2015,” the suit continues.
As a result Neal-Jackson’s injuries included: Hypoglycemia, hyperinsulinism, glimepiride/sulfonyurea poisoning, increased seizure activity, increased drooling/secretions, and a need for heightened surveillance including frequent glucose checks during a previously scheduled surgery. Upon information and belief, defendant-pharmacist was the authorizing pharmacist for the prescription filled on or about Jan. 15, 2015 by CVS.
For counts of negligence, punitive damages, corporate negligence, vicarious liability, breach of warranty and negligence infliction of emotional distress, the plaintiffs are seeking damages, jointly and severally, in excess of $50,000, together with such other and further relief as this Court deems just and appropriate under the circumstances including interest, costs and delay damages, in addition to a jury trial.
The plaintiffs are represented by Ryan Anderson of Locks Law Firm, in Philadelphia.
Philadelphia County Court of Common Pleas case 170700309
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com