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Rite Aid Misfill Prescription Verdict

A pharmacy prescription misfill occurs when the pharmacist fills a prescription with the wrong medicine. Sometimes the misfill can cause personal injury or death. When this occurs, the victim and or the victim's family should consult a personal injury attorney to decide whether it makes sense to file a personal injury lawsuit.
Recently, A Pharmacy misfill attorney brought suit on behalf of Reva Tosh and her husband, Gerald Tosh, against Rite Aid pharmacy in Montgomery, Alabama. According an article published January 27, 2010 in the Montgomery Advertiser Riva Tosh took her prescription for pain medicine to the Rite Aid to be filled. The prescription misfill occurred when the Rite Aid pharmacy filled the prescription with a steroid called dexamethasone, a steroid used in cancer treatment. The medicine was given in a dose seven times the normal dose. Mrs. Josh took it for 28 days before the prescription misfill was discovered.

The main issue at trial was whether Mrs. Josh's Cushing Syndrome, a disorder that caused her to have mental and physical problems was caused by the Rite Aid prescription misfill. The jury apparently believed that it did. The jury awarded Mrs. Josh 2 million dollars for her damages and awarded her husband $500,000.00 for loss of his wife's companionship.

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