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Pharmacies Can Be Held Legally Responsible For Their Negligence

November 3, 2011

1213599_pills.jpgSalisburypost.com report that a woman filed a lawsuit claiming that an CVS pharmacist gave her an incorrect prescription which damaged her eyes.

According to her lawsuit, she suffered burns to her eyes after she used medicinal ear drops in her eye.

Her complaint claims that the pharmacy manager "acted negligently in mis-filling and/or supervising the mis-filling" of the plaintiff's prescription eye drops.

The complaint states that the Plaintiff first developed flu-like symptoms. As she did not have a primary doctor, she went to the Rowan County Health Department where she was diagnosed with conjunctivitis. She was prescribed Neomycin-Polymyxin.

The defendant CVS Pharmacy filled the prescription, however, with Neomycin-Polymyxin, but in a form meant for use in the ears.

The label on the prescription's box stated "Use two drops every three to four hours for five days to both eyes." The lawsuit claimed that when she used the drops, they "caused a burning sensation".

The day after filling the prescription she called CVS and told the pharmacist the drops were causing a burning sensation in her eyes and that the box said, "Use in ears only."

She asked the pharmacist if she could safely use the drops in her eyes as the label instructed.

The complaint alleges that the pharmacy manager insisted that despite what the box said, the drops were safe to use in her eyes and the two forms of the medication were "interchangeable." The complaint alleges that he told her to continue using them.

The suit alleges that some chemicals in the medication for the ears are "toxic and dangerous for use in the eyes and are capable of burning a patient's eyes and are extremely dangerous for use in the eyes,"

Later examination of the plaintiff's eyes revealed that her visual acuity, which had always been a normal 20/20, had deteriorated to 20/80 and that the corneas of both eyes had abrasions.

The complaint further alleged the that the pharmacy and pharmacist were negligent and that both defendants were guilty of "willful and wanton disregard of the rights and safety of the plaintiff."

The plaintiff lost her job because of the injuries and hasn't been able to resume her training at a local beauty college.

The suit is still pending and CVS has yet to file an Answer.

If the plaintiff is able to prove the negligence of the defendants in their dispensing an incorrect prescription,the defendants will in all likelihood be found to be liable of for all of the plaintiff's resulting damages.

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