CVS Pharmacy Lawsuits

CVS is not just a drugstore. It is a multibillion-dollar healthcare corporation that fills over a billion prescriptions annually and runs thousands of high-traffic retail locations. That scale brings exposure… and legal liability.

From botched prescriptions to hazardous store conditions, CVS frequently finds itself in court. The lawsuits reflect two sides of its business: the clinical risk of running a high-volume pharmacy, and the physical risk of managing high-footfall retail stores.

Tort lawsuits against CVS tend to reflect this two-part business model. Tort lawsuits against CVS tend to fall into two general categories, each of which relates to a different part of the CVS business: (1) premises liability or “slip and fall” suits, and  (2) malpractice suits for medication errors.

This page will examine both common types of lawsuits against CVS. We will discuss your chances of winning or getting a settlement in a lawsuit against CVS, and we will look at the average settlement value of CVS lawsuits.

CVS Premises Liability (Slip and Fall) Lawsuits

Premises liability refers to lawsuits against property owners by people who are injured by some hazardous condition (e.g., a wet floor) on the premises. These are often referred to as “slip and fall” cases. Lawsuits by customers against retail stores (such as Target or Walmart) are the most common type of premises liability case.

All CVS locations have significant retail shopping store components. The CVS retail stores are very high-volume, with numerous individual customers conducting multiple small transactions. Compared to other retailers like Home Depot, CVS retail stores do not have any particularly hazardous features or potentially deadly merchandise.

However, busy CVS locations can often be host to a large number of customers coming and going daily. This level of inbound and outbound customer traffic alone puts CVS at risk so it is not surprising that premises liability is the most common type of tort action that CVS defends. In fact, CVS defends four times as many “slip and fall” or premises liability lawsuits as it does prescription error lawsuits.

CVS Medication Error Lawsuits

Medication error lawsuits against CVS often arise from dispensing the wrong drug, the wrong dosage, or providing incorrect instructions. While many errors are harmless, some result in allergic reactions, internal bleeding, seizures, or worse. What makes these cases particularly infuriating is that most are preventable with basic pharmacy diligence. The stakes escalate dramatically when these errors lead to permanent harm or death.  When this happens, juries are more than willing to hold CVS accountable.

CVS stores fill over a billion medication prescriptions every year across the U.S. When filling prescriptions, CVS pharmacies function as healthcare providers, which means they can be sued for medical malpractice. Malpractice lawsuits against CVS always involve some type of prescription medication error. Medication negligence by pharmacies falls into one of two major subtypes: (1) dispensing the wrong drug, and (2) harmful drug interactions.

High-volume pharmacies like CVS make drug dispensing or prescription-filling errors a lot more frequently than most people would think. Drug dispensing errors can include situations where the pharmacy dispenses the wrong medication (i.e., a completely different medication than what the prescription calls for). Another common error involves dispensing the wrong dose (e.g., giving 100mg pills instead of 10mg pills).

These sorts of filling mistakes happen a lot, but 9 times out of 10, the error is relatively harmless. Even if the pharmacy gives you the wrong drug or the wrong dose, it is usually not going to hurt or kill you. When dispensing errors cause actual harm or adverse side effects, they are often short-lived, and no permanent injuries are involved. Our lawyers receive numerous calls from people who are very angry about what “could” have happened.  This is understandable.  But it does not make for a very strong claim.

Most prescription error cases against CVS involve situations where the wrong drug results in a few days or weeks of physical distress and maybe a short hospital stay with no long-lasting health consequences. As a result, these cases tend to have a lower value.

So while many pharmacy error cases involve minor or short-lived effects, there are also instances where the consequences are far more serious. Some CVS dispensing errors have led to severe allergic reactions, uncontrolled internal bleeding, seizures, strokes, or even death. These are not theoretical risks. There are documented cases where patients received contraindicated medications or dangerously high doses that triggered catastrophic outcomes. In these situations, the legal and financial stakes are substantial. When a medication error results in permanent injury or wrongful death, those claims are absolutely worth pursuing. They often lead to significant settlements or jury verdicts, especially when the harm was preventable with even basic attention to pharmacy safety protocols.

Common Types of CVS Medication Negligence

When CVS gets a prescription wrong, it is rarely just a slip. These are often system-level failures rooted in speed, volume, and inadequate safety protocols. Medication errors can take several forms, and each one carries real risk.

The most obvious is dispensing the wrong drug. This happens when a pharmacy fills a prescription with a medication entirely different from what the doctor ordered. These errors often involve drugs with similar names or packaging, sometimes referred to as LASA mistakes—Look-Alike, Sound-Alike. A patient might be prescribed an antibiotic and receive a blood pressure medication instead, all because the pharmacy pulled the wrong product off the shelf.

Another frequent issue involves dosage errors. This is when the correct medication is given in the wrong strength, such as a 100 milligram pill instead of a 50 milligram dose. With certain drugs, that kind of mistake can lead to immediate and serious side effects.

Then there are labeling errors, where the instructions printed on the bottle are wrong. A patient might be told to take a medication once daily when it should be taken twice, or may be given no warning about food or drug interactions. These are not small errors. They can compromise treatment, worsen conditions, or cause entirely new health problems.

In every one of these cases, the common denominator is preventable harm. And when CVS is the one responsible, it should be held fully accountable.

CVS Settlements and Verdicts

Below are summaries of lawsuits against CVS that resulted in jury verdicts or settlements that were publicly reported. These cases include both premises liability and medication error claims. Keep in mind that the cases below are just a small, limited sampling of CVS lawsuits because they do not include cases or claims that were settled confidentially.

• Plaintiff v CVS Health Corp (New Jersey 2024) $24,000: The plaintiff, a minor, was being treated with Focalin XR 15 mg capsules, as prescribed by his doctor, for his ADHD. The plaintiff alleged that CVS erroneously substituted a generic medication, Dextroamphetamine, for the Focalin prescribed to him, without the knowledge or consent of the plaintiff, the plaintiff’s parents, or the plaintiff’s physicians. The plaintiff claimed that he went to the emergency room as a result of this drug dispensing error. The plaintiff reportedly suffered heart palpitations, tachycardia, and sleeplessness.
• Plaintiff v CVS Pharmacy (Nevada 2023) $31,000: The plaintiff, a middle school-aged male, went to CVS to get his prescription for generic Adderall filled for treatment of his ADHD condition. The CVS pharmacy accidentally misfilled the prescription with methadone, a drug used to treat opioid dependency. The plaintiff only took the methadone 1 or 2 times.
• Carmichael v. CVS Pharmacy (Georgia, 2022) $42 million verdict:  This is a negligence security case, which is a big problem for some of these stores.  The plaintiff was shot in the parking lot of a CVS store during an armed robbery. In a remarkable verdict, a Georgia jury awarded over $42 million in damages, finding CVS liable under premises liability law, concluding that the criminal attack was foreseeable and that CVS failed to provide adequate security, even though the actual shooter was a pedestrian and not sued
• Wallace v CVS Pharmacy (Alabama 2021) $50,000: A boy was prescribed 2 mg of Baclofen. CVS dispensed 2.5 ml instead, which is a higher dose. The boy suffered lethargy, disorientation, an altered mental status, nausea, and vomiting. He also suffered the aggravation of his developmental delays and pre-existing neurological issues. His issues were resolved after 30 days. The boy’s mother alleged that CVS’s failure to dispense the right dosage caused his injuries. This case settled for $50,000.
• J.L., Pro Ami v CVS Pharmacy (New York 2019) $40,000: A 7-year-old boy suffered an infection. He was prescribed Azithromycin. CVS dispensed Alendronate, also known as Fosamax, instead. The boy suffered respiratory and gastrointestinal issues, including vomiting and shortness of breath. His parents alleged that CVS’s failure to dispense the right medication caused his injuries. The defense denied liability. This case settled for $40,000.
• Marrone v CVS Pharmacy (California 2018) $2.5 million: plaintiff, 57-year-old female, is walking up the ramped entrance to CVS Pharmacy when she trips and violently falls over a metal stub sticking out of the concrete with duct tape on it. The stub was a remnant of a metal signpost that had previously been removed. Plaintiff did not request an ambulance or medical treatment immediately after her fall, but the following day she complained of pain all over her body and particularly in her left wrist. She went to a doctor and was diagnosed with herniated lumbar discs at L4-5 and L5-S1 with annular fissures and osteophytes, or bone spurs, at C5-6 and C6-7, resulting in a disc osteophyte complex. Over the next 2 years, she undergoes numerous back surgeries and incurs medical expenses of over $400k. The defense admits liability – how could they not? – but contests the extent of the plaintiff’s injuries in her CVS pharmacy lawsuit.  The jury sided with the victim and awarded $2.5 million.
• Katz v CVS Pharmacy (California 2017) $1.1 million: the female plaintiff is shopping at a CVS store when a store employee strikes her with a heavy metal shopping cart full of stock items. The impact knocks the plaintiff over, and she hits her head on a shelf and suffers a traumatic brain injury with white matter damage to her cerebellum, with permanent cognitive impairment. She also suffers cervical back strain and shoulder damage. CVS denies liability, claiming that the plaintiff’s own negligence was a contributing factor to the incident and denying that the plaintiff hit her head on the shelf as alleged. The jury awards $1,190,000 in damages, including $ 550,000 for pain and suffering and $ 300,000 for future medical expenses.
• Redmond v CVS Pharmacy (Texas 2017) $202,500: 61-year-old male plaintiff walks into a CVS store to pick up his prescription. The store was not officially open yet but the doors were unlocked and it appeared to be o
  pen for business. Contractors were inside the store installing shelving and electrical wiring. Plaintiff was told the store was closed, so he started walking back out when a large roll of electrical conduit fell on him and knocked him down. He suffers a complex hip fracture requiring surgical repair with plates and screws, and sues CVS and contractors for premises liability. The case eventually settled for $202,500, with CVS paying for most of the settlement.
• Kadar v CVS Pharmacy (Indiana 2013) $455,563: the female customer is walking into a CVS store when she slips and falls on accumulated snow and ice in front of the building. She broke her right leg and ankle in the fall and has to undergo several surgeries to repair the injuries. She sues CVS for premises liability, but CVS denies liability, claiming that its snow removal contractor had cleared the walkway shortly before the incident. The jury awards the plaintiff $455k in damages.
• Thompson v CVS Pharmacy (Oklahoma 2013) $460,000: the plaintiff is driving past a CVS store in Oklahoma City when his car skids on a patch of black ice, rolls over, and slams into oncoming traffic. She suffers from moderate head injuries and a ruptured lumbar disc at L4/L5, which requires her to undergo spinal fusion surgery. She sues CVS, alleging that the source of the black ice was a water leak coming from the CVS store near the intersection. CVS denies knowing of the leak but at trial, the store’s assistant manager admits that they were aware of the leak and had actually taken some steps to fix it. The jury awards $460,000, which includes punitive damages.
• Parker v CVS Pharmacy (Alabama 2011) $165,000: plaintiff’s family doctor prescribes her a combination of two antibiotics, sulfamethoxazole and trimethoprim. She goes to CVS to have the prescription fille,d and they mistakenly give her hydroxyzine, an antihistamine slightly stronger than Benadryl. She suffers an acute allergic reaction to the antihistamine and goes to the hospital with uncontrollable shaking. She was released from the hospital a few hours later, but she claims that the reaction caused her various medical problems over the following 2 years, including swelling in her hands and wrists, fatigue, leg pain, vaginal bleeding, and other issues. CVS admits that it negligently filled her prescription but disputes the extent of her alleged damages. Jury awards $165,000.
• Nussbaum v CVS Inc. (Virginia 2011) $1.15 million: plaintiff’s doctor calls in a prescription for Bactrim DC to the CVS pharmacy in Great Falls, VA. Plaintiff was already taking a blood thinner drug, Coumadin, which was contraindicated with Bactrim because of a potentially dangerous interaction. Within 2 days, the interaction between the drugs causes the plaintiff to suffer uncontrolled internal bleeding, and she dies soon after. (There are many pharmacy drug interaction lawsuits involving this Bactrim/Coumadin.) Her family sues both CVS and the doctors for wrongful death, alleging that they were negligent in prescribing and filling a prescription for a contraindicated drug. CVS paid $950,000 to settle the medication error claims against it, and the doctors paid $200,000.
• Molettiere v CVS Pharmacy (Pennsylvania 2011) $250,000: plaintiff slips and falls on unremoved snow and ice directly outside the entrance to a CVS store in Montgomery County, PA. She suffers back and neck injuries and sues CVS and a snow removal contractor for premises liability. The snow removal contractor settles out, and the case proceeds against CVS. The jury awards $250,000 in damages.
• Ostrow v CVS Pharmacy (Connecticut 2006) $387,500: A 77-year-old man suffered an adverse reaction to the prescription drug Biaxin, which CVS filled. He sues CVS alleging that the pharmacy failed to properly review his list of current medications and failed to warn him of a potentially dangerous interaction with his blood pressure medication, Zocor. The jury awarded $387,500 in damages even though the plaintiff’s injuries were apparently not permanent.
• Chachad v CVS Pharmacy (Georgia 2004) $115,000: middle-aged female plaintiff receives a new prescription from her doctor for Glucotrol for the management of her diabetes condition. CVS incorrectly fills the prescription with a blood thinner drug called Coumadin. Plaintiff took the wrong medication for a month before undergoing planned surgery on her knee. After knee surgery, the plaintiff experiences excessive bleeding and vomiting, at which point the doctors discover the medication error by CVS. The drug she got from CVS made her blood too thin, requiring two days of hospitalization with coagulation therapy, but no long-term injuries. CVS blames the mistake on the doctor’s office, but the jury ultimately finds CVS responsible and awards $115,000 in damages. This case would have been worth much more if a medication error had caused permanent injuries.

Hiring the Right Lawyers for a CVS Lawsuit

Whether your case involves a prescription error or a serious fall inside a CVS store, the lawyer you choose can make all the difference. Lawsuits against CVS are primarily about getting the settlement compensation you deserve.  That is what our CVS lawyers are focused on.  But it is often more than just about compensation. They are about holding one of the country’s largest pharmacy chains accountable for safety failures that never should have happened in the first place.

We regularly hear from people who received the wrong prescription at CVS—drugs like azithromycin, dextroamphetamine, Baclofen, or even dangerous combinations like Zocor and sulfamethoxazole-trimethoprim. Some of these cases settle quickly, others go to trial. Either way, settlements for wrong prescriptions can vary widely depending on the severity of the injury and whether permanent harm occurred.

Slip and fall cases are just as fact-specific. If you were hurt in a CVS because of poor maintenance, wet floors, or cluttered aisles, a seasoned CVS slip and fall law firm will know how to build the evidence around surveillance footage, incident reports, and employee statements. The best CVS slip and fall attorneys know the difference between a routine claim and one that exposes broader safety problems within the company.

If you are considering a lawsuit against CVS, whether for a misfilled drug like Pen-Vee-K, Glucotrol, or something else entirely, talk to a firm that understands both the medicine and the courtroom. Call us at 800-553-8082. There is no cost to discuss your case.

Hire a Lawyer for your CVS Lawsuit

CVS defends these cases aggressively, often hiding behind complex internal procedures and legal firewalls. Victims, whether harmed by a misfilled prescription, a preventable fall, or a catastrophic overdose, need to find the best lawyer that they can to fight back  If you or a loved one was seriously injured due to CVS negligence, contact a law firm who understands how to cut through their corporate defenses and present a case that gets results at the settlement table or in front of a jury.

The lawyers at Miller & Zois have expertise in both prescription medication errors and premises liability lawsuits. Contact us today at 800-553-8082 or contact us online.