Woman blames hemorrhage on wrong prescription from CVS

By Kyla Asbury | Aug 14, 2015

CVS Pharmacy is being sued for allegedly intentionally overcharging for generic prescription drugs.   Shutterstock

CHARLESTON – A Kanawha County woman is suing West Virginia CVS Pharmacy LLC after she claims the pharmacy gave her the wrong medication.

An unknown and unnamed pharmacist also was named as a defendant in the suit.

On March 11, Maretta Burns presented to her family physician with complaints of anxiety and elevated blood pressure and she was prescribed Lozol 2.5 mg daily for 90 days, according to a complaint filed in Kanawha Circuit Court.

Burns claims the next day, she took the prescription to CVS and the unknown pharmacist, known as John Doe, negligently filled the prescription with Letrozole 2.5 mg.

Completely unaware that the wrong medication had been provided, Burns took the Letrozole 2.5 mg and developed a significant brain hemorrhage, according to the suit.

Burns claims she presented to Thomas Memorial Hospital's emergency department, where she was diagnosed with the brain hemorrhage and was transferred to St. Mary's Medical Center.

As a result of the defendants' negligence, Burns sustained severe and permanent injuries, according to the suit.

Burns claims CVS and had a duty to correctly fill the prescription and failed to do so.

The defendants were negligent and reckless for providing Burns with the wrong medication, according to the suit.

Burns is seeking compensatory and punitive damages. She is being represented by W. Kent Carper of Hill, Peterson, Carper, Bee & Deitzler PLLC; and Ben Salango of Preston & Salango PLLC.

The case is assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 15-C-1276

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