Pharmacy error led to premature birth, suit says

By David Yates | Jun 27, 2007

Two years ago, Antoinette Lewis' baby was born prematurely. She claims her pregnancy complication was a result of a "misfilled" prescription received at a CVS Pharmacy and is suing the company for more than $50,000.

Lewis filed her suit individually and on behalf of her new born with the Jefferson County District Court on June 25. Judge Bob Wortham, 58th Judicial District, will preside over the case.

According to the plaintiff's original petition, on June 30, 2005, Lewis was pregnant when she had a prescription filled at the CVS on Avenue A.

"Defendant through its employees, agents, and servants, misfilled the prescription. Plaintiff subsequently suffered complications due to the misfilled prescription, was forced to deliver the minor plaintiff by C-section prematurely, and both suffered injuries due to the negligence of the defendant.

The suit goes onto to say Lewis presented CVS with a prescription for an antibiotic, and instead received Vytorin.

"Defendant failed to properly administer the correct medication, the plaintiff was pregnant, and the Vytorin caused complications with the pregnancy, and subsequently caused early delivery."

Vytorin is a cholesterol-lowering medicine distributed by Merck/Schering-Plough Pharmaceuticals. The official Vytorin Web site warns that the drug should not be taken by pregnant women.

"Vytorian is a prescription tablet containing two medicines, ezetimibe and simvastatin, and isn't right for everyone, including women who are nursing or pregnant or who may become pregnant, and anyone with liver problems," the site says.

Lewis alleges the pharmacy was negligent for failing to properly fill the correct medication, failing to recognize her symptoms, and "failing to engage in recognized and acceptable practices in the medical profession to limit the likelihood and probability of infection following the treatment provided by the defendant."

"Plaintiffs allege that the defendant violated the duty of care they owed to Lewis to exercise that degree of care, skill, and diligence ordinarily possessed and used by other members of the medical profession in good standing under the same or similar circumstances," the suit said.

Lewis is suing for physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, disfigurement in the past and future, physical impairment in the past and future, and past and future medical expenses.

Lewis is demanding a trial by jury and is represented by attorney Brett S. Thomas of the Roebuck & Thomas law firm.

Case No. A179-565

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