PHILADELPHIA – CVS has removed a negligence suit filed by a Philadelphia woman who alleges she was dispensed the wrong prescription medication and suffered a seizure to a federal court.
Defendants Pennsylvania CVS Pharmacy and CVS Health Corp. filed a notice of removal on Dec. 18 in the U.S. District Court for the Eastern District of Pennsylvania for a complaint filed by plaintiff April Ploeger.
Ploeger filed her original complaint Nov. 19. in Philadelphia County Court of Common Pleas. She alleges that on June 29, 2017, she "unknowingly" took Prozac that was mistakenly dispensed by a Philadelphia CVS Pharmacy in her prescription vial labeled Gabapentin 100 mg. Ploeger alleges she suffered seizures and required hospitalization.
CVS moved to remove the suit to federal court claiming the amount in controversy exceeds $75,000 and citing diversity of citizenship.
CVS is represented by Amalia Romanowicz and A. Bryan Tomlinson of Post & Schell in Philadelphia. Ploeger is represented by Kevin R. Marciano and Patrick MacAvoy of Marciano & MacAvoy PC in Media.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-05978-ER