On October 11, Lori Smith, a Salisbury woman, filed a lawsuit against CVS, a CVS pharmacist and a CVS manager, asserting claims of negligence, malpractice, and reckless misconduct. According to Ms. Smith, she was diagnosed with pink eye by her primary care physician and prescribed eye drops as part of her treatment. Ms. Smith she filled the prescription later that day at her local CVS, but she was given the medicine in the form of ear drops rather than the prescribed eye drops. She contacted the pharmacist after the drops burned her eyes, informing the pharmacist about the burning sensation and that the label that said "use in ears only." However, the pharmacist instructed Ms. Smith that the drops were safe for use and can be used in both the ears and eyes.
Unfortunately, the medicine was not interchangeable. Ms. Smith's prescription could be used in her ears, but the ear drops she was given could not be used in her eyes. As a result of using the ear drops in her eyes, Ms. Smith's eyes became swollen and sensitive to light, causing her severe pain. Ms. Smith's eyes were later treated, and she was prescribed additional medications. However, Ms. Smith's vision has deteriorated to 20/80, and she must wear sunglasses continually as a result of her injuries. Ms. Smith further alleges she lost her job and has been unable to attend college classes.
According to Ms. Smith's complaint, the pharmacy admitted the mistake to the Health Department. Ms. Smith's complaint alleges that the pharmacy and the pharmacist were negligent in filing the prescription. The complaint further alleges the Defendants willfully disregarded her safety concerns and failed to follow up and research her medical concerns after she initially complained of a burning sensation.
Ms. Smith's case raises important medical concerns as malpractice lawsuits continue to be necessary in the Charlotte area due to such negligence from medical professionals. Unfortunately, the N.C. Legislature recently amended the law to give significant immunity to medical professionals, although there still remains some ability to hold them accountable for these acts of obvious negligence.
Ms. Smith's case illustrates the importance of carefully reading labels and contacting the proper authorities when questions or issues arise. The case further illustrates the reliance that the general public places on medical personnel. In her complaint, Smith states that she relied on the pharmacist's reassurances that the medication was safe for her to use. Yet, these reassurances were incorrect and caused significant damage to her eyes. In particular, Ms. Smith's case reveals that a medical professional's reassurances are not always correct, and how important second opinions can be.
If you are injured due to a doctor or pharmacist's medical negligence, it is imperative that you contact a competent personal Injury attorney immediately to discuss the merits of your case.
SalisburyPost.com, Lawsuit: CVS gave wrong kind of drops, 10/29/11
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