Walmart Pharmacy Error Lawsuit Settled Over Maryland Resident’s Death

The family of a Maryland man who died in 2007 after a Wal-Mart pharmacy gave him a prescription that was intended for someone else, have settled their wrongful death lawsuit for an undisclosed sum.

The Wal-Mart pharmacy error lawsuit was filed by the family of George Smith in the United States District Court for the District of Maryland.

According to the complaint, Smith was given a prescription intended for someone else by his local Walmart pharmacy and died eight days later as a result of illness caused by taking the wrong medication. Smith was 66 years old at the time of his death.

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The Associated Press reports that a Walmart settlement was reached to compensate the family, but the terms of the agreement were sealed by the judge in Baltimore.

Over 1.5 million people are injured or killed every year in the United States by medication errors and pharmacy mistakes according to a 2006 report from the Institute of Medicine of the National Academies. These problems can be caused by physicians prescribing the wrong medicines, a pharmacy filling the incorrect drug or individuals being given someone else’s medication.

The medication mixup that resulted in the death of George Smith is not the only Walmart prescription error that has occurred in recent years with tragic consequences.

According to a report from KSL TV 5 in Salt Lake City, Utah, a Walmart medication mistake in April 2008, caused an 18 year old to fall into a coma after he was given a prescription which was 20 times stronger than it was supposed to be. A Wal-mart pharmacist failed to properly dilute the prescribed oxycodone hydrochloride as prescribed by the doctor.

19 Comments

  • ToniaSeptember 24, 2022 at 2:47 pm

    Went to get a prescription filled at Walmart they claim I picked up they messed up and gave my prescription to someone else without calling or consent form or looking to see if anyone was on the list now I'm suffering

  • TrishJanuary 8, 2017 at 4:09 pm

    I was taking my Provera 10mg tablet on the eighth day and noticed that the color of the pill changed to now to light orange. So I called my Walmart pharmacy to see why. I asked the color of the 10 mg RX pills and was told that I need to bring this Rx back so they can look over this. I told them I have not been feeling well and this has been the eighth day that I have been on this medication that I[Show More]I was taking my Provera 10mg tablet on the eighth day and noticed that the color of the pill changed to now to light orange. So I called my Walmart pharmacy to see why. I asked the color of the 10 mg RX pills and was told that I need to bring this Rx back so they can look over this. I told them I have not been feeling well and this has been the eighth day that I have been on this medication that I have no idea what I am taking and am alarmed that I am taking something that may be harmful. Again, the pharmacist asked that I bring it in so I asked her to please tell me what this is and suggested I could give her the imprint code. Finally, she said I was taking the 2.5mg not the correct dose of my written Rx never did she say sorry for the mistake she just said please bring in the bottle. I do not think I will be retuning to that pharmacy.

  • GLENNJuly 28, 2016 at 6:46 pm

    last week I need my potachoride filled they said it was to soon I'm out of pills they said wait a week I did sent my wife over now they said it need a refil why couldent they do that before now I have to wait till the dr. signs it and sends it back I'm very up set with this glenn e fleischman

  • OMENDecember 20, 2015 at 6:59 am

    sometimes doctors head writing is not easy to read. why am I saying sometimes? 90% of the time their handwriting is like a 2 year old's head writing. you can see it on google. the fix is to print the prescription PERIOD!!!

  • stevenSeptember 22, 2014 at 6:30 am

    I picked up my wife med's from cvs like always do they asked birthdate address but never had to look in bag I received the wrong medication it was for yeast inspection for another women different name by the time I got home cvs was closed. we used the phone number on slip explained to the person and said we would return it first thing in morning and I told her I will say nothing of our conversatio[Show More]I picked up my wife med's from cvs like always do they asked birthdate address but never had to look in bag I received the wrong medication it was for yeast inspection for another women different name by the time I got home cvs was closed. we used the phone number on slip explained to the person and said we would return it first thing in morning and I told her I will say nothing of our conversation returned it and said we received wrong med's someone else and don't know if that person was told of problem. a week later we receive a letter from the head office explaining about the mix up and farther down the letter they went into we need to contact them and either call or email that we didn't do anything with their information and if we still have med's to return. Right there we felt as if we we're criminals. My wife has used cvs for 14 years and there has been many problem but we just let them slide. but nothing like this. we feel we are the victim's of their mistake! do we have recourse no one died but HIPPA was violated. and we just felt that from the letter.

  • LeeNovember 15, 2012 at 10:09 am

    The Walmart pharmacy in streamwood illinois will give you any thing they have on the shelf. Example clonidine has three different generics, I was given the brand name after express scripts for military was booted from Walgreens. Opened an account at Walmart since then the scripts were never the same Meds. I have asked them to keep the Meds the same brand and not to substitute. They have been fuck[Show More]The Walmart pharmacy in streamwood illinois will give you any thing they have on the shelf. Example clonidine has three different generics, I was given the brand name after express scripts for military was booted from Walgreens. Opened an account at Walmart since then the scripts were never the same Meds. I have asked them to keep the Meds the same brand and not to substitute. They have been fucking this up on a monthly basis. I will now have to have open heart surgery because of this and yes ...I AM COMING FOR THEIR ASS

  • LisaAugust 20, 2012 at 10:45 pm

    My husband had a liver transplant 6 years ago, we have always gotten our stuff filled at Walmart, the way his medication is he has to take 2 different pills to get the correct dosage. The pharmacy started filling it with 2 different brands, when I ask at first they told me that one was the generic form. I didn't know any better, so we continued to use them, 19 months out of the last 24 months thes[Show More]My husband had a liver transplant 6 years ago, we have always gotten our stuff filled at Walmart, the way his medication is he has to take 2 different pills to get the correct dosage. The pharmacy started filling it with 2 different brands, when I ask at first they told me that one was the generic form. I didn't know any better, so we continued to use them, 19 months out of the last 24 months these brand names were combined, my husband is now in kidney failure, Stage 4 and will have to go on dialysis very soon. He needs a kidney transplant, which he can't have because of other illnesses. Our doctors said it is more likely than not to have been caused by the mixture of the drugs, they have 2 different chemical compounds. It clearly says on all the boxes and paperwork that brands are not to be mixed, we trusted our pharmacist that this truly was generic brand.

  • PETERJuly 23, 2012 at 9:23 pm

    my 17 year old son was prescribed acutaine 20 mg medication for acne he was to take one pill 2 times dailly totall 40 mg the priscription was filled by c v s located in osining N Y i was accidentlly given 40 m g pills insted of 20 m g my son was taking the medisine for a month before the doctor notised it during a visit to the office.im very concerned because one side effect is dipresion(that my[Show More]my 17 year old son was prescribed acutaine 20 mg medication for acne he was to take one pill 2 times dailly totall 40 mg the priscription was filled by c v s located in osining N Y i was accidentlly given 40 m g pills insted of 20 m g my son was taking the medisine for a month before the doctor notised it during a visit to the office.im very concerned because one side effect is dipresion(that my son showed) and suaside im also woried about liver or kidney damage that it could acour im presently waiting for blood results.

  • AmyMay 6, 2011 at 3:51 pm

    My daughter was given Geodon (a very strong and horrible medication to treat bi-polar and Schizophrenia) instead of her Strattera 40mg by a pharmacy!!!! 2 separate pharmacist filled it wrong 2 separate months. The details are waaaaay to long for me to go into but basically my daughter was 7 almost 8 when it happened and she was very sick and scared!!! We didn't know what was wrong with her. Aft[Show More]My daughter was given Geodon (a very strong and horrible medication to treat bi-polar and Schizophrenia) instead of her Strattera 40mg by a pharmacy!!!! 2 separate pharmacist filled it wrong 2 separate months. The details are waaaaay to long for me to go into but basically my daughter was 7 almost 8 when it happened and she was very sick and scared!!! We didn't know what was wrong with her. After putting her through numerous tests and finding nothing - they were treating her for severe migraines. I finally discovered that the pills were different - they look almost identical!!! It was the worst time in all of our lives!! We hope she is okay, but she is child and who knows what will happen in the future medically because of this error!!!

  • serettMay 25, 2010 at 12:05 pm

    March 2, 2010 i had a prescription fill at walmart in hattiesburg ms. went back to pick it up the next day. i was already late take it so i went ahead and took them them then. three days prior to geting them i found out i was pragnant. started having pain in my pelvic area. the next day i had finish taking the medication and was throwing the bottles away. well as i [Show More]March 2, 2010 i had a prescription fill at walmart in hattiesburg ms. went back to pick it up the next day. i was already late take it so i went ahead and took them them then. three days prior to geting them i found out i was pragnant. started having pain in my pelvic area. the next day i had finish taking the medication and was throwing the bottles away. well as i was look at the bottles to make sure they were all gone i notice that one bottle had someone else's name on it. i called walmart they said they have been trying to reach me. they didnt update their imformation on file so they didnt have the right number. the medication they gave me was called provera that causes you to bleed in your pelvic area. two to three days later after takeing the medication i "SAB" SPONTANEOUS ABORTION. to make a long story short i sent all the paper work to them and the medical record states that the "SAB" was caused by the medication provera that was given to me. they said its not their fault. what is the world coming to

  • frankApril 21, 2010 at 12:38 pm

    if you need information about the lawyer who handled these cases, go to www.overdoselaw.com. this site is about wrong pills in wrong bottles or giving too much medicine or the wrong medicine that hurts someone or kills them.

  • LucyApril 7, 2010 at 5:35 pm

    two and a half weeks ago my mothers doctor wrote out a prescription for Levothyroxine 12.5 mcg. for under active thyroid. I gave it to her as directed. yesterday 3-6-10, her doctor checked her and we went over all her medicines, cause I brought to his attention on how she was acting. she was sleeping and being un able to wake up thoughout the day, loose stools, confused, disoriented, lifeless. As[Show More]two and a half weeks ago my mothers doctor wrote out a prescription for Levothyroxine 12.5 mcg. for under active thyroid. I gave it to her as directed. yesterday 3-6-10, her doctor checked her and we went over all her medicines, cause I brought to his attention on how she was acting. she was sleeping and being un able to wake up thoughout the day, loose stools, confused, disoriented, lifeless. As the doctor went over all medications, he noticed the prescription was filled wrong by the pharmacy. I had it filled at wal-greens. He was very angry, the pharmacy made the prescription for 0.125 MG. He said stop it immeditately. He told me she could have had a heart attack. The doctor called the pharmacy and i spoke to them as well and gave them the business. They made a huge mistake. Right now i am following up with her cardiac doctor just to make sure no damages were done. My mother is 84. The pharmacy knew they made the mistake, but it is not the first time that i corrected their mistakes, they are always giving the wrong prescriptions and i bring it to their attention. something should be done about this. They could have killed my mother, if not how many other people are getting the wrong medications and they don't realize it, they get sick or even die, not knowing its from using the wrong medicines. I would appreciate it if you would take the time out and let me know what do to or what can be done. Wal-greens got so excited, they wanted me to bring back the unused bottle and pills. but i am not. thats giving away my evidence.

  • ReeseMarch 10, 2010 at 5:12 am

    I know a pharmacist who worked at Wal-Mart and he said that the staff pharmacists are always being hounded by upper-management to not make mistakes. There is an certain amount of mistakes that they can make, after they mess up beyond that, they are shipped off to some workshop in Arkansas at the headquarters. When they come back, they have three more mistakes they are allowed to make and then th[Show More]I know a pharmacist who worked at Wal-Mart and he said that the staff pharmacists are always being hounded by upper-management to not make mistakes. There is an certain amount of mistakes that they can make, after they mess up beyond that, they are shipped off to some workshop in Arkansas at the headquarters. When they come back, they have three more mistakes they are allowed to make and then they get fired. BUT if a pharmacy manager makes errors on prescriptions, they NEVER are held accountable. Someone else gets into trouble.

  • jacobJanuary 30, 2010 at 6:59 am

    walmart gave my wife some one else medication which she sopose to get amaryl for diabetic but she got benezapril 10 mg for blood presure,she had many side effects which is dizzines,weekness, tirness, head ache sleepy while sitting, cant concentrate at work, faint in the bath room tub anmd injured her right hip she have a muscle inflamation wlamart want settle with $3000./..???

  • chadDecember 3, 2009 at 3:35 am

    you need to call the paharmaist and demand to speak to the risk management department. they need to open a claim and pay for the doctor bills incurred and they need to compensate in a settlement for the terror they put your family thru.

  • ruthNovember 6, 2009 at 4:03 am

    My teenage daughter was diagnosed with the flu and given a script for tamiflu. I asked my Drs. office to fax it to our local Safeway pharmacy. When I went to pick it up they said they did not have enough to fill the prescription, I asked if they had any just to get her started since I had heard that it had to be started within the first few days. One of them gave me four capsules along w[Show More]My teenage daughter was diagnosed with the flu and given a script for tamiflu. I asked my Drs. office to fax it to our local Safeway pharmacy. When I went to pick it up they said they did not have enough to fill the prescription, I asked if they had any just to get her started since I had heard that it had to be started within the first few days. One of them gave me four capsules along with her L-Throxine(which was filled properly) I had used the automated system for that rx. She took the 2 capsules at bedtime like the instructions had indicated. The following morning she was grossly-ill, with forceful vomiting, she was unable to stand, I attributed it to the flu and told her to give the medicine time to work. She complained of a severe headache and decided to take a bath to help her relax. I asked my spouse to make sure she came out of the bath alright, she was so dizzy I feared she would pass out in the tub. I left for work, she spent the next several hours on the floor of her room. She was unable to get up she was so dizzy & weak. After work I made a dash to the pharmacy to get the rest of the tamiflu. The tech said I had already picked it up. I told them that I was only given 4 and told to come back for the rest. They were in disbelief and said they had plenty of tamiflu and wouldnt separate the med. I told them they did just that, they asked who it was, I didnt know the name they said they couldnt help without the name or bottle of med. I brought back the bottle, and the pharmacist said it wasnt tamiflu. I got upset and demanded to know what they gave me to give to my daughter. They asked me to move to the side and I asked for the bottle back, and I started asking out loud the same questions and for the bottle back, I finally left to look for a manager and my sister had gotten the bottle back from the pharmacy saying we were taking my daughter to the hospital to get checked out. As we were leaving one of the techs had told me the med was an anti-psychotic, geodon. I saw the name on the bottle was different but thought it was a generic for the tamiflu.We went to our local hospital for more information. Geodon is used to treat schizophrenia and bipolar manic episodes. We then took her to the ER as I recollected her symptoms. The ER Dr had said she pretty much had passed the geodon, but still at that time she had a high heart rate, they gave her an IV a liter of fluids and rechecked her vitals they said it improved but was still high. She was released from the ER since most of the symptoms had subsided, I shudder at the thought of my daughter having a reaction and me not knowing since I thought it was flu related. I am needless to say, angry and dont know where to go from here. The Tech that gave me the geodon said I had never told her it was tamiflu that was to picked up I did indicate that when I picked up her thyroid med.she was rude and defensive.

  • michaelAugust 28, 2009 at 12:39 pm

    I have just returned from my local Walmart store at 3722 Nazareth Road, Nazareth, Pa, 18045. I had a prescription filled on 7/3/09, This is the first time I have ever used Walmart to fill a prescription. I had called yesterday afternoon to have the prescription refilled. My refill was supposed to be ready last night at 8:30pm. I went today at noon to pick up my medication. The original prescriptio[Show More]I have just returned from my local Walmart store at 3722 Nazareth Road, Nazareth, Pa, 18045. I had a prescription filled on 7/3/09, This is the first time I have ever used Walmart to fill a prescription. I had called yesterday afternoon to have the prescription refilled. My refill was supposed to be ready last night at 8:30pm. I went today at noon to pick up my medication. The original prescription was for 8 weeks, 3 pills daily @ 75 mg each. The first problem I encountered was when I was told that I do NOT have a prescription and needed authorization from my doctor. I said that my original prescription was for 8 weeks, that I was given pills for 30 days, and I would like the balance due. I was told that since it was not a full refill, it had dropped in the system to call the doctor to get a full prescription. (This was all discussed at the time of the original filling date about the partial refill being fine.) The second and most serious problem was when the pharmacist told me that the prescription was filled for 150mg pills and not 75mg. pills. The doctor's prescription was NOT WRITTEN but rubber stamped with the dosage so it was very legible. The pharmacist offered to call the doctor to see if I should stay on 150mg pills. Does it make sense that the pharmacist knows better than the doctor I have been seeing for years? This is the last time I will ever use a Walmart pharmacy and probably the last time I will shop Walmart and ever trust you again.

  • TrinityAugust 16, 2009 at 7:07 pm

    I have a 67 year old grandmother that goes through walmart and they have screwed up on her meds three times in the last 2 years or so. The Medications that she was not given where for different reasons but both for important reasons. She could have died if she hadnt gone to the doctors or been admitted in to the hospital

  • Hospital Medication Error Lawsuit Results in $5 Million Verdict : AboutLawsuits.comFebruary 10, 2009 at 1:10 pm

    [...] week, it was announced that a Maryland Wal-mart pharmacy lawsuit was settled for an undisclosed sum after a 66 year old man died from complications after he was [...]

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