Bradenton, FL asked in Personal Injury and Products Liability for Florida

Q: I don’t know if I have anything here. But thought I would ask. Better to ask then always wonder and wish I'd of asked.

My child was diagnosed with pneumonia 9/9/19. The prescription of Azithromycin was filled at a CVS pharmacy. I gave her a dose Monday and Tuesday. When I went to give her a dose today I noticed the expiration date was 5/19. I had been giving my 6 year old child an expired drug for 2 days. How did this get through the chain of people to me without being double checked? When I went in today for a new prescription I told the cashier what happened and asked to speak to the pharmacist. She went to the pharmacist and explained what happened. The pharmacists eyes popped. She never looked at me and she did not come over to speak with me. She sent the cashier to speak to me while she stood behind her counter tossing peoples prescriptions into baskets on a higher counter. A 5ft tall stack of baskets to fill. Understaffed or overworked maybe? But where is the accountability for the safety of a drug given to my 6 year old?

3 Lawyer Answers
Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq.
Answered
  • Products Liability Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Horrible. I don’t know where you are but if you’re in Florida you can report them to the Department of Health.

If you child had become ill because of the expired drug you might have a case against CVS.

Thank you for your question.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Products Liability Lawyer
  • Little Neck, NY

A: I'm sorry for your alarming experience. As Mr. Aronfeld points out, had your child experienced symptoms, you could have had the grounds for a case if there was supporting medical documentation. From what you describe, it seems that there was not, which is a more fortunate outcome and we are happy for you in that regard. May your child recover from the pneumonia at the soonest. (There is no need to include personal information in your posts - it is inconsequential here, but something to keep in mind for the future.) Good luck

Tim Akpinar

Glenn J. Holzberg
Glenn J. Holzberg
PREMIUM
Answered
  • Miami, FL
  • Licensed in Florida

A: I agree with both of my colleagues answer. In order to establish a case for negligence against the vendor of an expired drug, you would have to be able to establish that there was a causal link between the medication and the harm caused to your child. Only a doctor can tell you if the pneumonia may have been caused by an expired medication, however, that sounds unlikely. Until you can establish that link, you cannot establish a viable case for negligence, resulting in damages. I hope your child recovers quickly without any further consequence.

Tim Akpinar agrees with this answer

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