Car crash, oxcontin, sue pharmacy

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Question

Country: United States of America
State: New Jersey

My Dr. wrote a prescription for 10 mg of oxycontin, which I had already been on. The pharmacy filled it and 2 days after taking it I got up in the middle of the night and crashed my car 100 yards from the house and have no recollection of it, doing 8,500 worth of damage (and was w/o my car for 2 months). I then realized that despite the label reading 10 mg, it was actually filled with 20 mg of oxycontin. I went and had all medical tests to rule out any other organic reason for the crash and now a year later have not had an incident. Do I have a case against the pharmacy?

Answer

It is certainly possible you have a case based on what you say here; you should take a brief description of these events as well as your medical records to a malpractice attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you.