Recently in New Jersey State Court, suit was filed alleging that CVS Pharmacy Redness Relief Drops were tainted or contaminated. The plaintiff, Gregg Schweck put the drops in both eyes and immediately felt extreme pain, burning and detected a smell of bleach according to the Complaint which has been filed. If in fact it is determined that these drops were tainted, CVS would be facing claims of liability under the theory of res ipsa loquitur which creates the presumption of negligence as a result of the nature of the injury i.e. the injury could not have occurred but for negligence.
Although CVS has denied that the drops were tainted or contaminated, the suit proceeds on and to the extent there is no formal recall by CVS, customers beware should they experience any similar circumstances. The CVS which is alleged to have been the seller of the contaminated eye drops is a store on River Road in Edgewater, NJ with the sale occurring in late March, 2014.
Over the years, pharmacies such as CVS have been found to be liable for not only dispensing or selling contaminated products, but for dispensing wrong medication. It is important to retain any remaining product should there be any experience of illness or injury from a product purchased from a pharmacy or pharmaceutical chain so that serial numbers, lot numbers and manufacturing dates can be utilized in the claims presentation process. If you or a loved one has been injured by a product, contact Stark & Stark today.