MEDIA – CVS Pharmacy has agreed in principle to a Wallingford couple’s pre-suit settlement offer of $25,000, over claims the company committed medical professional liability when it distributed an improper dosage of anti-anxiety medication to the plaintiffs’ nine-year-old child.
Heather Billela and Michael Billela (as parents and natural guardians of A.B., a minor) first filed a pre-suit petition in the Delaware County Court of Common Pleas on Aug. 3 versus CVS Pharmacy, Inc. of Wilmington, Del. and Pennsylvania CVS Pharmacy, LLC of Swarthmore.
“On Nov. 6, 2020, A.B. attended an appointment with a psychiatrist and was prescribed Zoloft in liquid form for treatment of anxiety. The prescription was filled by CVS at Store No. 00743 located at 755 South Chester Road, Swarthmore, PA 19081. That same day, petitioner Michael Billela obtained the prescription from CVS. Unbeknownst to petitioners, CVS had filled the prescription at a higher dose than what was safe for A.B. to be administered, Later that day, petitioners administered the higher dose, 15 mL, of Zoloft to A.B., which was the directed dosage written on the prescription bottle,” the suit said.
“Within minutes of taking the medication, A.B. started to complain of stomach pain and a headache. Soon thereafter, petitioner Heather Billela examined the prescription bottle and noticed for the first time that the dosage written on the prescription bottle was different from what the psychiatrist had verbally recommended during their appointment. Petitioner Heather Billela immediately contacted Poison Control and was informed that the dosage directed by the prescription bottle was too high for A.B. That evening, when A.B. went to bed, she experienced severe hallucinations, which caused great fright for the eight year-old child, as well as persistent diarrhea. For the next several days, A.B. experienced continued stomach pain, gastrointestinal distress, headaches, nightly hallucinations, mental distress and lethargy. To date, A.B. continues to experience fear with taking prescribed medications. Her other acute symptoms have resolved.”
The petition explained that the petitioners and defendants have engaged in pre-suit settlement negotiations, and that a complaint has not yet been filed in this matter.
“To resolve this matter, a settlement of $25,000 has been proposed by the defendants. Counsel for petitioners are of the professional opinion that the proposed settlement is fair and reasonable. Plaintiffs believe that neither the Pennsylvania Department of Human Services, nor any other entities have any claim or lien against the minor. Plaintiffs’ counsel has noticed PA DHS and is awaiting confirmation of no lien and will supplement promptly,” the petition stated.
“Counsel has incurred outstanding litigation costs in the amount of $1,464.70. Counsel requests attorney’s fees in the amount of $6,250, which is 25 percent of the gross settlement payable to the minor. Counsel has not and will not receive collateral payments as counsel fees for representation involving the same matter from third parties (i.e. subrogation). Petitioners approve and support the settlement and also believe it to be fair and reasonable. The net settlement payable to A.B., after deduction of attorney’s fees and costs, is $17,285.30.”
The petition requested the payments were to be distributed as follows:
• Minor Plaintiff A.B. – $17,285.30
• Friedman Schuman – Reimbursement Of Costs – $1,464.70
• Friedman Schuman – Counsel Fees (25 Percent) – $6,250
TOTAL = $25,000
UPDATE
On Aug. 31, counsel for CVS Pharmacy said they did not have any objections to the settlement amount in question – only stipulating that it was not liable for the events in question.
“Defendants do not oppose plaintiffs’ petition for leave to settle or compromise minor’s action. However, defendants deny any and all allegations of negligence, and did not cause or contribute to the alleged injuries, damages, and/or losses of plaintiffs and/or plaintiffs’ minor,” the defendants’ response filing stated.
The petitioners are represented by Derek R. Layser and Melissa Paris Miller of Friedman Schuman, in Fort Washington.
The respondents are represented by A. Bryan Tomlinson of Post & Schell, in Philadelphia.
Delaware County Court of Common Pleas case CV-2022-005648
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com