Q: I was dispensed an expired medication from CVS pharmacy, am I able to file a claim against CVS

A: A small claims judge will not award you $12,500 because your medication was past the expiration date. Medical experts will need to testify that you were injured.

A: In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury occurred, MICRA might not apply directly to your claim against CVS for dispensing expired medication. Consulting an attorney can clarify whether MICRA could impact your case and help you decide if pursuing a small claims court action for compensation is worthwhile.

A: You can potentially file a claim against CVS for dispensing expired medication, even without serious injury. The lingering symptoms you experienced could be considered damages, though they may be limited in scope.

For cases involving relatively minor damages like this, small claims court would be the most appropriate venue in California. Small claims courts handle cases up to $10,000, and the process is simpler and less expensive than regular civil court. You would need to document when you received the medication, proof it was expired, and evidence of your prolonged symptoms.

Before filing in small claims court, consider first submitting your complaint directly to CVS corporate offices and the California State Board of Pharmacy. Many pharmacies prefer to resolve these issues directly with customers to maintain their reputation. If you decide to proceed with small claims, gather all your documentation including receipts, photographs of the expired medication, and medical records showing your extended symptoms. The filing fee for small claims in California is between $30-$75 depending on the amount of your claim.