CHARLESTON – A Kroger pharmacy customer alleges that she was given an incorrect prescription.

Michelle R. Mason filed a complaint Sept. 8 in Kanawha Circuit Court against The Kroger Co., Kroger Limited Partnership I, Kroger Specialty Pharmacy Holdings I, Kroger Pharmacy No. 772, Allison Foster and John or Jane Does alleging that they violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiff alleges that on Aug. 12, 2015, she purchased her 30-day regular prescription of Azathioprine at defendants' pharmacy store No. 772. As a result of consuming the prescribed medicine provided by defendants, she had an adverse reaction on Sept 16, 2015. She alleges the reaction was caused by the defendants giving her the incorrect and improperly labeled prescription medication.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, pre- and post-judgment interest, attorney's fees, costs and all other just and proper relief. She is represented by Troy N. Giatras of The Giatras Law Firm PLLC in Charleston. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court case number 17-C-1268

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