Claudis Alston sues CVS CareMark, but Texas law limits any award to no more than $250,000
Claudis Alston, 65, was given an eye drop prescription by a doctor to treat a pink eye condition in June 2012. Alston, an ex-con under the care of a legal guardian, had the prescription filled at a Houston CVS pharmacy. When he got home, he applied the ‘eye drops’ to his left eye as directed by the prescription label. He immediately felt pain and lost his vision. He was taken to an emergency room where it was discovered that the pharmacist had mistakenly given him ear drops instead of eye drops.
Instead of the cortisporin ophthalmic suspension prescription, the pharmacist had given Alston a prescription of neomycin-polymyxin-HC, a medication for bacterial ear infections. The label identified the prescription as an “ear solin,” but the instructions said, “Instill 3 drips in each eye twice daily for 5 days.”
Alston had been under care for a number of conditions, including kidney failure. He is permanently blind in his left eye as a result of the pharmacist’s fuck-up. Jameena Crookshank, his legal guardian, says he continues to experience pain in his eye. “He used to be fully capable of operating day to day on his own. And now he looks to me to support him in everything that he does."
According to KPRC, Alston has spent most of his adult life in prison or on parole for theft or drug convictions going back to 1967.
On Tuesday, Alston filed a lawsuit against CVSCareMark Corporation, but Texas law limits the amount he can be awarded if the lawsuit is successful at no more than $250,000.
$250,000? If Alston prevails in his lawsuit, CVS will get off way, way too light for a monumental fuck-up!
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