Pharmacy Sued After Woman Falls Allegedly Due to Improper Prescrip-tion

Judith Hayes, a Gretna woman, has filed a lawsuit against Rite Aid, claiming the pharmacy gave her the wrong medication, which caused her collapse in her home and injure her head.

On May 26, 2014, Hayes alleges that she visited the Rite Aid located at 4535 Westbank Expressway in Marrero to receive a prescription for metformin, a diabetes medication.  Hayes claims that, instead of her medication, she was given an antibiotic by the pharmacist on duty, Long H. Nguyen.

On May 31, five days later, the plaintiff claims that she became dizzy after standing up, lost her balance, and stuck her head, resulting in injury.  Hayes has sued Rite Aid Headquarters Corporation, Rite Aid Corporation, Rite Aid Pharmacy and the on-duty pharmacist Nguyen.

Plaintiff has accused defendants of failing to properly fill the prescription, failing to inform that the wrong prescription had been filled, breaching duty of care, failing to exercise reasonable care and failing to have proper safeguards in place. Hayes seeks damages for disability, physical injuries, loss of enjoyment of life and medical expenses.

Louisiana courts have seen cases of this nature before.  In Wainwright v. Fontenot, a pharmacy was found liable after the pharmacist on duty erroneously filled a prescription for five milligrams of Prozac a day, instead filling the order for twenty milligrams. 774 So. 2d 70 (2000).  In Ms. Hayes case, the court will have to determine whether or not the prescription was improperly filled and whether or not this error was a cause of Ms. Hayes’s injuries.

The attorneys at Broussard & David have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm because of the negligence of another, contact the attorneys at Broussard & David to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

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