QUESTION

Pharmacy cause permanent nerve damage, do I have a case to peruse for damages or are they protected?

Asked on Jan 29th, 2013 on Personal Injury - Montana
More details to this question:
I have MS and a specialty pharmacy Aston having a refill of a RX that helps reduce the swelling from a MS attack to protect against permanent nerve damage. Since they did not fill the RX in time, the prior authorization from my insurance had expired causing them to call me to let me know that the RX would not be delivered the next day, but rather they basically had to start over after I had been waiting for almost two weeks. This as a result has caused permanent nerve damage to both of my hands resulting in loss of feeling, a reduction in grip strength, and abilities.
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8 ANSWERS

Ronald A. Steinberg
It depends if you ordered timely.
Answered on Feb 04th, 2013 at 7:27 PM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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You may be entitled to file a cause of action in negligence if the pharmacy failed to perform a duty and the breach of that duty resulted in quantifiable damages.
Answered on Feb 04th, 2013 at 7:03 PM

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Christian Joseph Menard
You need to have your medical records reviewed by your doctor, or someone else of his specialty, to render an opinion as to whether the delay of obtaining your medication caused and/or contributed to your nerve damage. Also need a neurologist to opine that your nerve damage is permanent and could have been avoided had you timely taken your medication. If these facts are established by expert medical opinions, then you may have a case, especially if it can be established that the pharmacy knew, or should have known, that the timely dispensation of your medication was crucial to prevent the injury you in fact sustained. You may need an expert in the field of pharmacology. Pharmacy's have no particular immunities. I successfully sued a major pharmacy for dispensing the wrong dosage of a corticoroid (prednisone) rather than dispensing .5 mg tablets of the drug, the pharmacy dispensed 50 mg tablets! The pharmacy settled with me prior to going to trial.
Answered on Feb 01st, 2013 at 8:03 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Delay in filling prescription? Not very clear and does not sound like a liability case. in any event you would have to prove they they were negligent and that the negligence clearly caused whatever problem you say you have. If you have a doctor who will say that (and you must) find you a good PI lawyer and share the whole story.
Answered on Feb 01st, 2013 at 6:31 PM

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Lisa Hurtado McDonnell
You would have get a doctor to testify that was the reason you have nerve damage and you would have to prove it was the pharmacy fault your prescription was not called in a timely manner.
Answered on Feb 01st, 2013 at 9:27 AM

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James Eugene Hasser
It sounds like the culprit is the insurance company, more so than the pharmacy, although both may be at fault. If the injuries are severe enough, it may justify pursuit.
Answered on Jan 31st, 2013 at 8:18 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I think you do have a case, or at least a situation that deserves some serious investigation. Two key issues: (1)What are the obligations of a pharmacy to fill a prescription in a "timely" manner and (2) Can you prove that there is nerve damage and that it is due to the tardy prescription?
Answered on Jan 31st, 2013 at 7:50 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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I don't see a winning case. Your condition sounds advanced enough that any defendant could say your condition was destined to progress and they shouldn't be blamed for the whole problem. Why did you wait two weeks?
Answered on Jan 31st, 2013 at 2:45 PM

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