Legal Question in Personal Injury in West Virginia

Pharmacy putting wrong medication in bottle

I recently had my Prilosec 20mg refilled at my pharmacy and after a week I was having headaches and stomach problems. I then noticed that the label on my bottle was correct but the pills inside were 20mg if Prozac? Do I have a case?


Asked on 3/06/99, 11:48 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Pharmacy putting wrong medication in bottle

Potentially, yes, but you have to show that you were harmed. You will need to present expert medical testimony that a week of prozac instead of prilosec caused the harm you claim to have suffered. A few days of headaches and stomach aches are probably not enough to make this worth it. But, in any event, see a lawyer in your community to discuss the matter in detail if you think you were harmed enough to proceed with a case.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 3/09/99, 10:35 am


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