Walgreens sued after man's prescription is allegedly misfilled

By Eliza Walker | Oct 30, 2013

NEW ORLEANS – A New Orleans couple filed suit after the husband’s medication was misfilled at Walgreens, and the couple was not made aware of the error until a month later.

Michael Weal, and wife Rene, filed suit against Walgreen Louisiana Co Inc. and Glenn J. Green Jr. in the Orleans Parish Civil District Court on Aug. 27.

The claim states that on Aug. 27, 2012, Michael Weal’s prescription for Sulphasalazine was to be re-filled at the Walgreens on General Meyer Avenue in New Orleans.

A month later, on Sept. 27, the plaintiff returned to Walgreens to have the prescription refilled again, and at that time learned that it had previously been mis-filled as Sulfadiazine.

During the month in which Michael Weal was unwittingly taking the wrong prescription, he allegedly took two trips to the emergency room for acute migraines, blurred vision, skin irritations, chest pains, depression and other symptoms caused by the cessation of the correctly prescribed medication, as well as the ingestion of the incorrect medication.

The defendant is accused of failing to properly dispense the prescribed medication, failing to timely notify the plaintiff of the error, failing to properly oversee the dispensing of medication by employees, and failing to properly label and stock medication, as well as being otherwise negligent.

The defendants seek damages exceeding $75,000 for physical pain, mental anguish, fear of cancer, immune disorder and liver damage. Rene Weal seeks damages loss of consortium resulting from the injuries suffered by her husband.

The plaintiffs are represented by Maria B. Glorioso of The Glorioso Law Firm in New Orleans.

The case has been assigned to Division H Judge Michael G. Bagneris.

Case no. 2013-8109.

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