The URL can be used to link to this page

Home My WebLink About03-0127CAROL J. HOFFMAN and MICHAEL D. HOFFMAN, Plaintiffs her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW RITE AIDOFPENNSYLVANIA, INC. t/b/b/a NO. ~ -- ~t~7 RITE AID PHARMACY, TAM LAM and JURY TRIAL DEMANDED SHANE CLUGSTON, Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action with/n twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717/249-3168 NOTICE Le Hanna demanded a ousted en la cozti. Si ousted quire defenders de estas demandas expuestas en las paginas sugnuientes, nsted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe ~ o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para nsted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717/249-3168 254635.1 \TSH~JSS CAROL J. HOFFMAN and MICHAEL D. HOFFMAN, Plaintiffs her husband, Vo RITE AID OF PENNSYLVANIA, INC. t/b/b/a RITE AID PHARMACY, TAM LAM and SHANE CLUGSTON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Carol J. and Michael D. Hoffman are adults residing in Pleasant Hall, Franklin County, Pennsylvania. 2. Defendant Rite Aid of Pennsylvania, Inc. (hereinafter "Rite Aid") is a profit- making corporation which owns and operates pharmacies throughout the Commonwealth of Pennsylvania and is domiciled in Cumberland County, Pennsylvania. 3. Defendant Tam Lam, is an individual who holds herself out as being qualified and licensed as a pharmacist. 4. Defendant Tam Lam was an employee of Rite Aid Corporation of Pennsylvania as a pharmacist at Rite Aid's store located on East Queen Street, Chambersburg, Pennsylvania. 5. Defendant Shane Clugston, at the times relevant to this case, was registered with the Pennsylvania Board of Pharmacy as the managing pharmacist for Defendant Rite Aid's pharmacy located on East Queen Street, Chambersburg, Pennsylvania. 6. On September 18, 2002, Plaintiff Carol J. Hoffman received a prescription from her treating gynecologist for the medication "Halotestin." Halotestin which primarily consists of hormones is used in gynecological treatment. 254635.1 \TSHUSS 7. On September 18, 2002, Mrs. Hoffman took her written prescription to Defendant Rite Aid's store located on East Queen Street in Chambersburg, Pennsylvania. 8. On September 18, 2002, Defendant Tam Lam, Rite Aid's pharmacist, filled Plaintiff's written prescription with the drug Haloperidol, rather than the Halotestin required by the prescription. 9. Haloperidol, more commonly know as "Haldol," is a potent psychotropic drug usually reserved for severely disturbed and institutionalized mental patients. 10. Carol Hoffman had no indications and had never been prescribed Haldol by any doctor at any time. 11. From September 18, 2002 until October 17, 2002, Plaintiff continuously took the Haldol given to her by Rite-Aid, thinking it was what her gynecologist had prescribed. 12. During that period Mrs. Hoffman developed multiple notable psychological and physical problems which were side effects of the Haldol, without knowing their cause. 13. As a direct result of the misprescription of medication by the Defendants, Plaintiff suffered both physical and mental injuries, some of which may prove to be permanent. 14. As a direct result of the misprescription of medication by the Defendants, Plaintiff has suffered a loss of earnings and a diminution of her earning capacity. 15. As a direct result of Defendants' misprescription of medication to Carol J. Hoffman, Plaintiff incurred medical expenses and may incur additional medical expenses in the future. 16. As a direct result of Defendants' misprescription of medication to Carol J. Hoffman, Plaintiff has undergone significant mental hardship, pain, suffering, anxiety, and psychotic episodes. 254635.1 \TSHXJSS 17. As a direct result of Defendants' misprescription of medication to Carol J. Hoffman, Plaintiff has suffered humiliation and a loss f hfe s pleasures COUNT I CAROL J. HOFFMAN AND MICHAEL D. HOFFMAN V. TAM LAM 18. Paragraphs 1 through 17 are incorporated herein by reference. 19. As a licensed pharmacist, Defendant is required by the mandates of her profession to accurately and completely fill the written prescription issued by a physician to thc patient. 20. Defendant Tam Lam is liable to Plaintiff for damages alleged herein which were directly and proximally caused by his negligence in: (a) (b) (c) (d) failing to dispense the medication which was actually prescribed to Carol J. Hoffman by her physician; failing to follow the normal and expected procedures of his profession, necessary to assure that the medication he dispensed was precisely the same medication as ordered by Plaintiff's treating physician; failing to recognize that Haloperidol is not a medication which one would expect to be prescribed by a gynecologist; failing to double check the medication dispensed against the prescription written; (e) (f) failing to follow the protocols required by Rite Aid to assure accuracy of medications dispensed to its customers; and violating the Pharmacy Act and regulations thereunder, including but not limited to 49 Pa. Code 27.12, 27.14, and 27.18. 21. Defendant Tam Lam is also liable to Plaintiff under the doctrine of res ipsa loquitur as Defendant had exclusive control over the medication and a pharmacy dispensing medication which was not what the doctor actually prescribed, an act which cannot occur in the absence of negligence. 254635.1\TSI~JSS 22. Defendant's conduct of dispensing a mislabeled medication in violation of the Pharmacy Act, the statutes governing the dispensing of drugs in the Commonwealth of Pennsylvania, and in direct violation of his only duty as a pharmacist is outrageous conduct justifying exemplary damages. WHEREFORE, Plaintiffs, Carol J. Hoffinan and Michael D. Hoffinan, demand judgment against Defendant Tam Lam, for compensatory damages and such exemplary damages as are justified by the circumstances in an amount in excess of Twenty-five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II CAROL J. HOFFMAN AND MICHAEL D. HOFFMAN V. SHANE CLUGSTON 23. Paragraphs 1 through 17 and Count I are incorporated herein by reference. 24. As the pharmacist of Record, Defendant Clugston is responsible to both promulgate and enforce procedures to assure all pharmacists under his control dispense accurate and correct medications to customers. Defendant Clugston was negligent in failing to take reasonable steps to fulfill that responsibility. 25. Defendant Shane Clugston is also liable to Plaintiff under the doctrine of res ipsa loquitur as Defendant had exclusive control of, or the right to control, the medications dispensed in his pharmacy and the dispensing of medication which was not what the doctor actually prescribed is an act which cannot occur in the absence of negligence. COUNT III CAROL J. HOFFMAN AND M~CHAEL D. HOFFMAN V. RITE AID OF .P, ENNSYLVANIA~ INC 26. Paragraphs 1 through 17 and Counts I and II are incorporated herein by reference. 254635.1\TSHXJSS 27. Defendant Rite Aid is vicariously liable for the conduct of Tam Lam and Shane Clugston as alleged above which was done in the scope of their employment. 28. Defendant Rite Aid is also independently liable to Plaintiff for the damages alleged herein for Defendant Rite Aid's own negligence in: (a) having the prescription filled and labeled by a non-pharmacist; (b) failing to issue protocols to minimize or avoid its employees dispensing medication whose name is similar to the one actually prescribed by the physician but which has significantly different properties; (c) being aware that pharmacists and pharmacy technicians mistake medications with similar names but taking no action to address the situation to assure that incorrect medications are not dispensed; (d) failing to issue protocols requiring pharmacists assure that the medication dispensed to the patient and the labeling of such medications is consistent with the written order issued by the physician; (e) failing to enforce existing protocols regarding similarly named medications, proper labeling, and inspection of contents to assure conformation of the medication to the physician's order; (f) failing to initiate and enforce protocols necessary to assure that the proper medication ordered by a physician is, in fact, the one dispensed to its customers; and (g) violating the Pharmacy Act section and the regulations issued thereunder including 63 P.S. § 390-4, 390-8, and 49 Pa. Code § 27.12, 27.14 and 27.18. 29. Defendant Rite Aid is also liable under the Doctrine of Res ipsa Loquitur as Defendant had exclusive control over medication dispensed at its pharmacy and that dispensing a medication different from that which the doctor prescribed does not ordinarily occur in the absence of negligence. 30. Defendant Rite Aid had knowledge of pharmacists misdispensing similarly named medications but took no action to prevent or avoid this problem, resulting in violations of law 254635.1 \TSH~ISS and regulations concerning the labeling of medications and their only duty to the customer, which is to provide the medication prescribed. Such conduct is outrageous justifying the imposition of punitive or exemplary damages. WHEREFORE, Plaintiffs, Carol J. Hoffman and Michael D. Hoffinan, demand .judgment against Defendant Rite Aid of Pennsylvania, Inc., for compensatory damages and such exemplary damages as are justified by the circumstances in an amount in excess of Twenty-five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: Respectfully submitted, ANGINO & ROVNER, P.C. I.D. No. 3/6~7 ~/ 4503 N. roF, Lq!lt~treet Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 254635.1 \TSHklSS VERIFICATION We, Carol J. Hoffinan and Michael D. Hoffman, have read the foregoing documents do hereby swear and affirm to the facts set forth in the foregoing are within my knowledge and true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Carol J. Hoffrn~m ~ · Michael D. Hoffrnan 254635.1\TSHXJSS \05_A~LIAB\TJMXLLPG\ 114383~IMF~15000~50000 CAROL J. H~FFMAN and her husband, MICHAEL D[ HOFFMAN, Plainti Vo RITE AID OF t/d/b/a RITE~ TAM LAM ar Defen, PENNSYLVANIA, INC. dD PHARMACY, d SHANE CLUGSTON, ants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-127 Civil Term JURY TRIAL DEMANDED TO THE PRO5 Kindly. Rite Aid of Pen above-referenc~ DATE: .ENTRY OF APPEARANCE 'HONOTARY: :nter the appearance of the undersigned as counsel on behalf of the Defendants, nsylvania, Inc. t/d/b/a Rite Aid Pharmacy, Tam ][,am and Shane Clugston, in the ~,d matter. Respectfully submitted, I.D. No. 529"1'8 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants CAROL J. He MICHAEL D Plainti: }FFMAN and her husband, HOFFMAN, ifs RITE AD OFIPENNSYLVANIA' INC. t/d/b/a RITE AID PHARMACY, TAM LAM an~ SHANE CLUGSTON, Defend[ants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-127 Civil Term JURY TRIAL DEMANDED I, Joann hereby certify via First Class Terry Hyman, Angino & Rovn 4503 North FroJ Harrisburg, PA CERTIFICATE OF SERVICE e M. Parr, an employee of Marshall, Dennehey, 'Warner, Coleman & Goggin, do hat on this(~;~\ day of January, 2003, served a copy of the foregoing document Jnited States mail, postage prepaid as follows: ;squire er tt Street 17110 ~-(~o~ae M. Parr SHERIFF'S RETURN - REGULAR CASE NO: 2003-00127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOFFMAN CAROL J ET AL VS RITE AID OF PA INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RITE AID OF PENNSYLVANIA INC TDBA RITE AID PHARMACY the DEFENDANT , at 1315:00 HOURS, on the 10th day of January at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to TRACY LANDIS, PARALEGAL a true and attested copy of COMPLAINT & NOTICE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ? ~ day of ~' ~- Prothbhotary~ ~ So Answer ~ R. Thomas Kline 01/30/2003 ANGINO & ROVNER By:~y.,/.~ ~eer~~~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOFFMAN CAROL J ET AL VS RITE AID OF PA INC ET AL R. Th'omas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LAM TAM but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FP~ANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 30th , 2003 , this office was in receipt of the attached return from PP3LNKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 56.90 .00 81.90 01/30/2003 ANGINO & ROVNER Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of y~ A.D. Prothonota~y~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00127 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOFFMAN CAROL J ET AL VS RITE AID OF PA INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CLUGSTON SHANE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 30th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/30/2003 ANGINO & ROVNER So answers: _--~-~ ~. f~ County Sworn and subscribed to before me this ~ day of ~ ~qA3 A.D. -- ~ Prethonotary' In The Court of Common Pleas of Cumberland County, Pennsylvania Carol J. Hoffman et al VS. Rite Aid of Penn~Ylvan.a Inc. tdba Rite Aid Pharmacy SERVE: Tam Lam No. ~z-o3 127 civil NOW, January 9, 2003 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheri~of Frankl ?n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within /¢ Affidavit of Service ,20o% ,at q'./C o'clock /~M. served the by handing to and made known to copy of the ori~nal the contents thereof. So answers, COSTS Sworn and subscribre~ before SERVICE m? th~.,~ day o~¢.-r~, 20 ~ ~ MILEAGE ................ 22~Nc~. 4, 2C'94 ~' County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Carol J. Hoffman et al VS. Rite Aid of Penn~Ylvanma Inc. tdba Ri~e Aid Pharmacy SERVE: Shane Clugston No. ~o3 127 civil Now, January 9, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sherif~of Frank] tn County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within upon Affidavit of Service ,20_~ 3 ,at o'clock ~ M. served the by handing to -F~ ~ and made known to Cop ,[ copy of the oricnal So answers, the contents thereof. (.._~heriff of Sworn and subscril/5~ before me th~s~TM day o~ . COSTS SERVICE ,20 ~ G MILEAGE AFFIDAVIT NoIw' ai S. eai Patricia A. Str '.e, ",]o[ary Public ! ChambersburC %,,to Frankli,~ County County, PA \05_AkLIAB\TJM\LLPG\I 21352UMFkl 8 ! 55\00285 CAROL J. HOFFMAN and her husband, MICHAEL D. HOFFMAN, Plaintiffs Vo RITE AID OF PENNSYLVANIA, INC. t/d/b/a RITE AID PHARMACY, TAM LAM and SHANE CLUGSTON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-127 Civil Term JURY TRIAL DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE & END CASE TO: DATE: PROTHONOTARY Cumberland County, Pennsylvania Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED. Respectfully submitted, ~VNER 4503"N6-rth Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs CAROL J. HOFFMAN and her husband, MICHAEL D. HOFFMAN, Plaintiffs Vo RITE AID OF PENNSYLVANIA, INC. t/d/b/a RITE AID PHARMACY, TAM LAM and SHANE CLUGSTON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-127 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this,,/-~'~ day of April, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Terry Hyman, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 Joan~M. Parr