Question by Jay Jay: Can I sue CVS gave the wrong script of narcotics that I took I’m stressed reset my sober date by over a year?
They gave me the prescription of something I normally take, I took 2 when I got the bottle, 20 minutes later they call me and say they gave me the wrong prescription. I find out it is of hydrocodone, a drug I was addicted to from back pain years ago. I have been sober from it for over a year and am freaking out because now my sobriety date is reset. Do I have the grounds to sue by means of distress? Is it worth it?
Best answer:
Answer by Kelle
Your sobriety date does not have to be reset. You did not take it by choice.
You could sue but the chance of winning over a pharmaceutical company is slim.
I can understand how this threw you. Forget about it and get back on track.
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You could attempt a suit, but distress cases are hard if not impossible to prove. Furthermore, they didn’t MEAN to distress you, it was just an accident.
You couldn’t sue for actual damages as you weren’t damaged. If you would attempt a civil suit you could sue for emotional distress, but like previously stated, that’s hard to do.
In general, you cannot claim damages from simply being “freaked out.” While it may have been negligent to dispense the wrong drug, in the absence of some real damage to you there is no claim.
If you can prove that CVS did this with malice you might have a case.
I doubt you have a good case for a suit, but you should notify your state pharmacy board. While this was probably just a mistake, it was a mistake that shouldn’t have been made. The board needs to know any time a pharmacy makes a prescription error so they can look for reoccurring patterns. Prescription errors can be deadly.
Good job on staying clean. As someone else said, your date didn’t reset. You didn’t intentionally take the meds.