Woman sues Rite Aid after medication mixup

By Kyla Asbury | Jul 24, 2015

CHARLESTON – A Fayette County woman is suing Rite Aid of West Virginia Inc. after she claims it gave her the wrong medication and caused her injuries and damages. Virginia Tucker was issued a prescription for Doxepin 10mg from her physician for depression and anxiety and went to Rite Aid to get the prescription filled, according to a complaint filed in Kanawha Circuit Court. Tucker claims Rite Aid gave her a one-month supply of Carbidopa-Levodopa 10, instead of her prescribed medication. The


CHARLESTON – A Fayette County woman is suing Rite Aid of West Virginia Inc. after she claims it gave her the wrong medication and caused her injuries and damages.

Virginia Tucker was issued a prescription for Doxepin 10mg from her physician for depression and anxiety and went to Rite Aid to get the prescription filled, according to a complaint filed in Kanawha Circuit Court.

Tucker claims Rite Aid gave her a one-month supply of Carbidopa-Levodopa 10, instead of her prescribed medication.

The plaintiff was receiving treatment for cerebral palsy, depression and anxiety when she was prescribed the wrong medication, which was not safe for her to ingest, according to the suit.

Tucker claims the medication she was given was for Parkinson's disease and experienced weakness, blurred vision and headaches, which she sought treatment for.

The defendant notified Tucker of the incorrect medication when she went to refill her prescription on July 26, 2013, according to the suit.

Tucker claims the defendant's negligence caused her injury and damages.

The defendant also breached its contract with Tucker by giving her the wrong medication, according to the suit.

Tucker is seeking compensatory damages. She is being represented by William M. Tiano of Tiano O'Dell PLLC.

The case is assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number: 15-C-1247

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