WalMart wins again

JLYates · 07-08-2010, 10:18 AM

This is in many ways off topic here, there is a rant thread in the lounge, but I wonder how many check it out. So you get it here, If this is out of line here, I am and am not sorry. I don't want anyone to suffer as we have and will.

WalMart gave my son the wrong med. He is now suffering from neurological problems. Called lawyers, lots and lots of them. Sorry, WalMart is too big, can't win a fight, too expensive. If he had died, we maybe would get something.

We have the packages, the receipt. All the info needed, files from doctor, psychiarist and neuroloigst that state he is having problems. and it COULD be caused by the wrong med. The operative word is COULD. So, they can argue that it wasn't. And besides, what he received wouldn't have hurt him. No, it was what he DIDN'T RECEIVE that hurt him.

But, does it matter? He has suffered basically a brain injury -- vision, hearing, balance -- have all been affected his life is ruined. Because he was given the wrong medication, our word against theirs that he is suffering an injury. You know who wins.

So here ends the future of a young man, who had taken a break from college. TO BECOME A DOCTOR.
Yeah, my son the doctor. He will never to be able to say" hi, my name is Dr. Yates and I am here to help you".

Janette

ardeegee · 07-08-2010, 10:28 AM

Quote:

Originally Posted by JLYates

We have the packages, the receipt. All the info needed, files from doctor, psychiarist and neuroloigst that state he is having problems. and it COULD be caused by the wrong med. The operative word is COULD. So, they can argue that it wasn't. And besides, what he received wouldn't have hurt him. No, it was what he DIDN'T RECEIVE that hurt him.

I'm not sure what you mean by this-- are you saying that the medication that he was given wasn't something that could actively harm him, but it was the delay in receiving the prescribed medication that allowed the pre-existing condition to deteriorate?

Moejoe · 07-08-2010, 10:58 AM

Quote:

Originally Posted by JLYates

This is in many ways off topic here, there is a rant thread in the lounge, but I wonder how many check it out. So you get it here, If this is out of line here, I am and am not sorry. I don't want anyone to suffer as we have and will.

WalMart gave my son the wrong med. He is now suffering from neurological problems. Called lawyers, lots and lots of them. Sorry, WalMart is too big, can't win a fight, too expensive. If he had died, we maybe would get something.

We have the packages, the receipt. All the info needed, files from doctor, psychiarist and neuroloigst that state he is having problems. and it COULD be caused by the wrong med. The operative word is COULD. So, they can argue that it wasn't. And besides, what he received wouldn't have hurt him. No, it was what he DIDN'T RECEIVE that hurt him.

But, does it matter? He has suffered basically a brain injury -- vision, hearing, balance -- have all been affected his life is ruined. Because he was given the wrong medication, our word against theirs that he is suffering an injury. You know who wins.

So here ends the future of a young man, who had taken a break from college. TO BECOME A DOCTOR.
Yeah, my son the doctor. He will never to be able to say" hi, my name is Dr. Yates and I am here to help you".

Janette

I don't know if these are any help, you may have already tried them in your search for justice, but here they are anyway.

http://www.wal-martlitigation.com/

and part of the same site, a searchable database of lawyers who sue Wal-mart

http://www.wal-martlitigation.com/searcha.htm

This blog has regular updates, and maybe a good way to publicize your story or find more help

http://walmartsucksorg.blogspot.com/

Here's another, for anyone wanting to join in the fight against the mega-corp and discover just how harmful they are to both workers and the community.

http://wakeupwalmart.com/

Wishing you the best of luck
PJ

HarryT · 07-08-2010, 11:07 AM

Moved to the Lounge.

ardeegee · 07-08-2010, 12:40 PM

Okay, looked up the other mentions of this in the "vent and rant" thread.

I don't understand something-- you say he had been on those pills for 10 years. But pills are intentionally made in different sizes, shapes, and colors, and each of them has an identification code stamped in them. Shouldn't he have noticed that they weren't the same pills he had been taking for 10 years?

http://www.ehow.com/about_4796615_gu...ification.html

http://www.drugs.com/imprints.php

jasonfedelem · 07-08-2010, 02:09 PM

I have a daughter with brain injury, we have a guy who is both an attorney and a doctor looking into it and building a case. I'll pm you his info. He has a good reputation, but since he hasn't finished the investigation for us I can't tell you much more than that at this point.

Unfortunately, brain injury with kids is something I have some experience with. Feel free to PM me if you want more info.

JLYates · 07-08-2010, 07:30 PM

Harry,
Thanks for moving it, I was pretty distraught when I posted, we had heard earlier and the shock of learning that WalMart wins was quite desvestating to me.

The two wrong packets that were given to Josh were the exact same as the one that held the correct medication. There was no difference, except on the back, where the generic name was written. The pills were similar, shaped the same but one packet (the correct one) was a lighter shade of white. We figured that they had changed generic brands. That happens and then the pills can change shape and color.

The medication was harmless, a cholesterol. The damage was not receiving what he needed.

think it this way. You take a heart med. The pharmacy gives you a cholesterol med. No harm, could be helpful. But you didn't get the heart med you needed. Now you are in danger.

A person stops breathing, there is no oxygen to the brain, there is a huge possiblity for brain damage if oxygen is not gotten to the brain soon.
Josh medication replaces a chemical his brain needs to function properly. He has been on this drug for 10 years, he is now on a higher dosage, age, weight and height the main reason for the increase.

Paxil is out of the system in 20 hours, and the withdrawal from it is considered one of the most dangerous in an uncontrolled situation. Which would be a slow process of lowering dosages over at least a three week period. He went from 60 mg to 0 in one day. This continued for three days.
His "brain" went without oxygen (the drug) for three days. Damage.
Can it be repaired? Yes, to some extent, just as the brain repairs, rewires itself after a stroke. But the person never fully recovers.

I am gong to seek other avenues that have been provide here. Cross your fingers and toes.

Janette

LCF · 07-09-2010, 03:39 AM

Hello Janette.

I'm really sorry to hear what happened to your son.

I'm not familiar with the pharmaceutical delivery system in the USA(?), but are you sure you are suing the right guys? At least here, the only one responsible for the contents of the drugs is the manufacturer, whose name is on the package.

jasonfedelem · 07-09-2010, 09:44 AM

Quote:

Originally Posted by LCF

Hello Janette.

I'm really sorry to hear what happened to your son.

I'm not familiar with the pharmaceutical delivery system in the USA(?), but are you sure you are suing the right guys? At least here, the only one responsible for the contents of the drugs is the manufacturer, whose name is on the package.

As I understand it, the difference here is that the neglect is on the pharmacies part. Both drugs were manufactured to specification, but the pharmacy pulled the wrong bottle off the shelf. So there would be no reason to go after the manufacturer because there was no negligence on their part.

CAVEAT TO ALL THE ABOVE: I am not an attorney, and the above is not legal advice. Check with an attorney.

ardeegee · 07-09-2010, 10:45 AM

I'd suspect that most any law firm would love to get their hands in Wal-Mart's deep pockets if they thought there was even a chance of winning-- if tons of lawyers say "no", they must think it is hopeless.

You might be better off going through the court of public opinion. Contact all of your local news stations and newspapers-- somebody will want a juicy (no disrespect meant) personal tragedy vs. Big Business story as a top story.

HarryT · 07-09-2010, 12:25 PM

Janette,

What do you want Walmart to actually do?

JLYates · 07-09-2010, 12:44 PM

Thank you all for the support,

The manufactor is not at fault, they had their drugs labeled correctly, the pharmacy is at fault because they gave us the wrong medication. They didn't bother to check to see if it was the right on, saw it was a similar packet and gave it to us.
If they had taken the time to read the names on the back they would have known the differfence. I check to see if all the information on the label is correct, name, dates, name of drug, dosage and such. The label on the front said proxetine, we trusted it was what was on the label, so didn't know it was the wrong drug.

Yesterday I was so overwhelmed, distraught that I wasn't using my brain to think of other options.

Today, with what I have learned here and my stuborness to not give up without a fight, I will start again to find out what I can do. The suggestions from here, other sites I am hunting up, going to the news if I have to, whatever it takes to let WalMart know I won't take this lying down.

Thanks again for the support and infor of places to check out.

Janette

Note: even if someone was a lawyer here and they offered advice, I would realize that it is just personal opinion; they can not do so professionally, unless I have hired them to help me.

JLYates · 07-09-2010, 02:01 PM

Harry,

First off, pay all of his medical bills, to them it may not be much, but it is around 15,000 and it is a lot to us.

Finances, money wise? I really don't know. We are not money hungry people, but he needs something to help him survive on. I don't really know how they would figure it, find out what he would have made in the career he had planned times how many (?) years he would have worked and give him that amount to live on?

In the state of Ohio the most he can get on SSI would be $600 a month. A person can not really live on that. He doesn't want the "life of Reily" he just wants to not have to worry about surviving. He has never been the party kid, the social guy who went out on weekend and partied. He doesn't drink due to the medication he takes. He isn't into clothes, we went to Penny's and bought his four pair of shorts, four tops and he said that was enough. He get three or four pair of jeans and some tops in winter, new shoes when his old ones wear out. He isn't a go out to dinner and spend lots of money. Quiet, home body young man. He dreams of finding a nice girl, marrying, having a couple of kids and enjoying being at home with them. Have an exercise room, a pool and pool table. Good stero system, he loves to listen to music, all kids, classical, jazz, oldies, all of them. He's like his dad.

I asked him when this all happend, what would he want?

Build a nice house with at least five acres for privacy, have four or five bedrooms and baths on second floor, front room, kitchen, dining room first floor. Basement have a family room with an area to have game section, set up some exercise equipment. Small room to be a library with books for the kids (he is not a reader), room with a big tv and surround sound so the family could be together. Nice pool for eveyone to swim in. Not all fancy and expensive items; simple, durable to handle kids and dogs. Have to have a couple of dogs.
He would be content, he wouldn't need to go out because he would have all that he needed there. Enough to live comfortable, not fancy, expensive, pay the bills, maybe out to dinner once a month, take the kids to the movies.

We live in a 2,000 sq foot house, two bedrooms, two baths (we added one, cost us $3,000), kitchen with small breakfast area, dinning, family, front and laundry room. One car garage, and on around 1 acre of land. I would like to put in new windows, update the kitchen and one bath (built in 60 and never updated) replace carpet (oriiginal, wool). Add a pool and hot tub, hubby has arthrisis in back, pool would help my back. We would be content. Josh is the same, do not need some fancy home you have to worry about someone making a mess.

Janette

LCF · 07-09-2010, 02:22 PM

Hmm, very sloppy system

Adding additional steps between manufacturing and intake, where someone can actually switch two medicines sounds really creepy. But I guess it's just "the way it has alway been done".

I hope you'll find a way to fight against the big fishes (obese whales if I understand correct)!

recluse · 07-09-2010, 02:36 PM

Janette,

It may not be much, but I no longer shop at WalMart because of what they did to your son. I've told all my family members your story and they no longer shop there. We are spreading the word.
My prayers are with you and your family.
You are not alone.

07-08-2010, 10:18 AM	#1
JLYates Connoisseur Posts: 71 Karma: 44 Join Date: Jun 2010 Device: Sony 900BC	WalMart wins again This is in many ways off topic here, there is a rant thread in the lounge, but I wonder how many check it out. So you get it here, If this is out of line here, I am and am not sorry. I don't want anyone to suffer as we have and will. WalMart gave my son the wrong med. He is now suffering from neurological problems. Called lawyers, lots and lots of them. Sorry, WalMart is too big, can't win a fight, too expensive. If he had died, we maybe would get something. We have the packages, the receipt. All the info needed, files from doctor, psychiarist and neuroloigst that state he is having problems. and it COULD be caused by the wrong med. The operative word is COULD. So, they can argue that it wasn't. And besides, what he received wouldn't have hurt him. No, it was what he DIDN'T RECEIVE that hurt him. But, does it matter? He has suffered basically a brain injury -- vision, hearing, balance -- have all been affected his life is ruined. Because he was given the wrong medication, our word against theirs that he is suffering an injury. You know who wins. So here ends the future of a young man, who had taken a break from college. TO BECOME A DOCTOR. Yeah, my son the doctor. He will never to be able to say" hi, my name is Dr. Yates and I am here to help you". Janette

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07-08-2010, 11:07 AM	#4
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383099 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	Moved to the Lounge.

07-08-2010, 12:40 PM	#5
ardeegee Maratus speciosus butt Posts: 3,292 Karma: 1162698 Join Date: Sep 2009 Device: PRS-350	Okay, looked up the other mentions of this in the "vent and rant" thread. I don't understand something-- you say he had been on those pills for 10 years. But pills are intentionally made in different sizes, shapes, and colors, and each of them has an identification code stamped in them. Shouldn't he have noticed that they weren't the same pills he had been taking for 10 years? http://www.ehow.com/about_4796615_gu...ification.html http://www.drugs.com/imprints.php

07-08-2010, 02:09 PM	#6
jasonfedelem Zealot Posts: 118 Karma: 202232 Join Date: Jun 2010 Location: Texas Device: Kindle Paperwhite Gen2	I have a daughter with brain injury, we have a guy who is both an attorney and a doctor looking into it and building a case. I'll pm you his info. He has a good reputation, but since he hasn't finished the investigation for us I can't tell you much more than that at this point. Unfortunately, brain injury with kids is something I have some experience with. Feel free to PM me if you want more info.

07-08-2010, 07:30 PM	#7
JLYates Connoisseur Posts: 71 Karma: 44 Join Date: Jun 2010 Device: Sony 900BC	Harry, Thanks for moving it, I was pretty distraught when I posted, we had heard earlier and the shock of learning that WalMart wins was quite desvestating to me. The two wrong packets that were given to Josh were the exact same as the one that held the correct medication. There was no difference, except on the back, where the generic name was written. The pills were similar, shaped the same but one packet (the correct one) was a lighter shade of white. We figured that they had changed generic brands. That happens and then the pills can change shape and color. The medication was harmless, a cholesterol. The damage was not receiving what he needed. think it this way. You take a heart med. The pharmacy gives you a cholesterol med. No harm, could be helpful. But you didn't get the heart med you needed. Now you are in danger. A person stops breathing, there is no oxygen to the brain, there is a huge possiblity for brain damage if oxygen is not gotten to the brain soon. Josh medication replaces a chemical his brain needs to function properly. He has been on this drug for 10 years, he is now on a higher dosage, age, weight and height the main reason for the increase. Paxil is out of the system in 20 hours, and the withdrawal from it is considered one of the most dangerous in an uncontrolled situation. Which would be a slow process of lowering dosages over at least a three week period. He went from 60 mg to 0 in one day. This continued for three days. His "brain" went without oxygen (the drug) for three days. Damage. Can it be repaired? Yes, to some extent, just as the brain repairs, rewires itself after a stroke. But the person never fully recovers. I am gong to seek other avenues that have been provide here. Cross your fingers and toes. Janette

07-09-2010, 03:39 AM	#8
LCF Wizard Posts: 1,472 Karma: 9795311 Join Date: Aug 2008 Location: Germany Device: Hanlin V3 (LBook), GS3	Hello Janette. I'm really sorry to hear what happened to your son. I'm not familiar with the pharmaceutical delivery system in the USA(?), but are you sure you are suing the right guys? At least here, the only one responsible for the contents of the drugs is the manufacturer, whose name is on the package.

07-09-2010, 10:45 AM	#10
ardeegee Maratus speciosus butt Posts: 3,292 Karma: 1162698 Join Date: Sep 2009 Device: PRS-350	I'd suspect that most any law firm would love to get their hands in Wal-Mart's deep pockets if they thought there was even a chance of winning-- if tons of lawyers say "no", they must think it is hopeless. You might be better off going through the court of public opinion. Contact all of your local news stations and newspapers-- somebody will want a juicy (no disrespect meant) personal tragedy vs. Big Business story as a top story.

07-09-2010, 12:25 PM	#11
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383099 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	Janette, What do you want Walmart to actually do?

07-09-2010, 12:44 PM	#12
JLYates Connoisseur Posts: 71 Karma: 44 Join Date: Jun 2010 Device: Sony 900BC	Thank you all for the support, The manufactor is not at fault, they had their drugs labeled correctly, the pharmacy is at fault because they gave us the wrong medication. They didn't bother to check to see if it was the right on, saw it was a similar packet and gave it to us. If they had taken the time to read the names on the back they would have known the differfence. I check to see if all the information on the label is correct, name, dates, name of drug, dosage and such. The label on the front said proxetine, we trusted it was what was on the label, so didn't know it was the wrong drug. Yesterday I was so overwhelmed, distraught that I wasn't using my brain to think of other options. Today, with what I have learned here and my stuborness to not give up without a fight, I will start again to find out what I can do. The suggestions from here, other sites I am hunting up, going to the news if I have to, whatever it takes to let WalMart know I won't take this lying down. Thanks again for the support and infor of places to check out. Janette Note: even if someone was a lawyer here and they offered advice, I would realize that it is just personal opinion; they can not do so professionally, unless I have hired them to help me.

07-09-2010, 02:01 PM	#13
JLYates Connoisseur Posts: 71 Karma: 44 Join Date: Jun 2010 Device: Sony 900BC	Harry, First off, pay all of his medical bills, to them it may not be much, but it is around 15,000 and it is a lot to us. Finances, money wise? I really don't know. We are not money hungry people, but he needs something to help him survive on. I don't really know how they would figure it, find out what he would have made in the career he had planned times how many (?) years he would have worked and give him that amount to live on? In the state of Ohio the most he can get on SSI would be $600 a month. A person can not really live on that. He doesn't want the "life of Reily" he just wants to not have to worry about surviving. He has never been the party kid, the social guy who went out on weekend and partied. He doesn't drink due to the medication he takes. He isn't into clothes, we went to Penny's and bought his four pair of shorts, four tops and he said that was enough. He get three or four pair of jeans and some tops in winter, new shoes when his old ones wear out. He isn't a go out to dinner and spend lots of money. Quiet, home body young man. He dreams of finding a nice girl, marrying, having a couple of kids and enjoying being at home with them. Have an exercise room, a pool and pool table. Good stero system, he loves to listen to music, all kids, classical, jazz, oldies, all of them. He's like his dad. I asked him when this all happend, what would he want? Build a nice house with at least five acres for privacy, have four or five bedrooms and baths on second floor, front room, kitchen, dining room first floor. Basement have a family room with an area to have game section, set up some exercise equipment. Small room to be a library with books for the kids (he is not a reader), room with a big tv and surround sound so the family could be together. Nice pool for eveyone to swim in. Not all fancy and expensive items; simple, durable to handle kids and dogs. Have to have a couple of dogs. He would be content, he wouldn't need to go out because he would have all that he needed there. Enough to live comfortable, not fancy, expensive, pay the bills, maybe out to dinner once a month, take the kids to the movies. We live in a 2,000 sq foot house, two bedrooms, two baths (we added one, cost us $3,000), kitchen with small breakfast area, dinning, family, front and laundry room. One car garage, and on around 1 acre of land. I would like to put in new windows, update the kitchen and one bath (built in 60 and never updated) replace carpet (oriiginal, wool). Add a pool and hot tub, hubby has arthrisis in back, pool would help my back. We would be content. Josh is the same, do not need some fancy home you have to worry about someone making a mess. Janette

07-09-2010, 02:22 PM	#14
LCF Wizard Posts: 1,472 Karma: 9795311 Join Date: Aug 2008 Location: Germany Device: Hanlin V3 (LBook), GS3	Hmm, very sloppy system Adding additional steps between manufacturing and intake, where someone can actually switch two medicines sounds really creepy. But I guess it's just "the way it has alway been done". I hope you'll find a way to fight against the big fishes (obese whales if I understand correct)!

Advert

Advert

07-09-2010, 02:36 PM	#15
recluse Banned Posts: 3,724 Karma: 535488 Join Date: Feb 2010 Location: the Mortuary Device: Kindle 2	Janette, It may not be much, but I no longer shop at WalMart because of what they did to your son. I've told all my family members your story and they no longer shop there. We are spreading the word. My prayers are with you and your family. You are not alone.