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Found out my pharmacy has been filling one of my meds with…

Customer Question
Found out my pharmacy...

Found out my pharmacy has been filling one of my meds with generic when the whole time they are charging me for the brand name. I have health insurance. What

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Virginia

Lawyer's Assistant: Has anything been filed or reported?

No just put all the puzzle pieces together

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't know what to say or ask. I have dealt with this pharmacy for years and trusted them. I have repeatedly told them generics don't work for me to always give me brand names first! I have a long history of chronic pain issues and the drug in question is my

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
12/19/2017
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,332
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. If you have been charged for a different product than you've received, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. It's possible and probable that your insurance company may get some of that money because they are probably covering at least part of the money being charged; however, whatever you've been paying you should get back after that.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
Sorry I am not that great with computers. I want to make sure I typed the right state on my questions. I live in VA. I prefer to talk on the phone.
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Sure thing. You may be able to request a phone call when the system prompts you:-)

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