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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32371
Experience:  Began practicing law in 1992
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I picked up my prescription from Walgreen 4 weeks ago. I

Customer Question

I picked up my prescription from Walgreen 4 weeks ago. I have a script. for Tramadol 50 mg 2 days ago I open the bottle and a different pill spilled into my hand , this pill was not a Tramadol it had different righting on it saying Watson 853 witch later i found out that via. internet it was a power-full opiot call hydrocodone. When i call Walgreen complaint dept they said that so sorry this happened and just throw it away, I told them that if i did not catch there mistake this pill could have killed me because i suffer from low blood pressure do i have a case. (SORRY just dose not cut it for at this point i could have died )
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You don't have a lawsuit that is worth pursuing as far any any expected monetary award.

I see little problem under your facts with you winning your case as far as liability. You can likely get your attorneys fees awarded to you as well. However, you have to hire an expert for this type of case, the pharmacist can act as their own expert, and the costs of hiring that expert are not recoverable in the lawsuit (this is known as this not being a "taxable cost") and you didn't actually suffer any damages. The law doesn't allow you to recover for what might have happened, only what did happen.

Please feel free to ask any follow up questions in this thread.

Expert:  Dwayne B. replied 6 months ago.

Also, you can also file a complaint with the state licensing agency for pharmacists.

By the way, if that is actually hydrocodone (Vicodin) then it has been moved up to a Schedule 2 medication (requires a triplicate handwritten prescription) and possessing them without a prescription is a felony. If you decide you do not want to pursue your case then you should just flush them down the toilet since you do not want to be caught with them without a prescription.