West Virginia Record

Wednesday, November 13, 2019

Wayne Co. couple says Rite Aid filled prescriptions with wrong medications

By Kyla Asbury | Apr 12, 2016


CHARLESTON – A Wayne County couple is suing Rite Aid of West Virginia after they claim it filled two prescriptions with the wrong medications.

Rite Aid Headquarters Corporations, Claudine Griffiths and John Doe were also named as defendants in the suit.

On Aug. 20, 2014, Jennifer S. Atkins was prescribed hydrochlorothiazide and prednisone by Dr. Dawn McFarland and she presented to Rite Aid with the prescription to have it filled, according to a complaint filed in Wayne Circuit Court.

Atkins claims Rite Aid filled the prescription with the wrong medication and she ingested the medications as directed on the bottle labels, all without knowledge that the defendants had placed the incorrect medications in her prescription bottles.

The plaintiff suffered severe medical complications from the incorrect substances and has suffered numerous temporary and permanent injuries, according to the suit.

Atkins claims Rite Aid, by and through its employees, was negligent and/or careless in that it deviated from the accepted standards of care and skill and/or failed to follow and apply accepted and customary standards of care and skill by failing to ensure that its employees dispensed the proper medications to her.

Griffiths was negligent in dispensing the incorrect medication to Atkins and improperly labeling the prescription bottles, according to the suit.

Atkins claims the defendants violated the West Virginia Medical Professional Liability Act and their actions were medical professional negligence.

Toney R. Atkins, Jennifer Atkins’ husband, claims the defendants’ actions caused him a loss of consortium, according to the suit.

The Atkinses are seeking compensatory damages. They are being represented by Scott D. Maddox of Maddox Law Office PLLC.

The case is assigned to Circuit Judge Darrell Pratt.

Wayne Circuit Court case number: 16-C-026

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Rite Aid