Wal-Mart violated the Consumer Fraud Act when it filled a woman's empty Zanax prescription bottle for an unauthorized person, according to a lawsuit filed in St. Clair County Circuit Court.
Virginia J. Bailey filed a lawsuit Sept. 30 against Wal-mart Stores and William Millas over allegations that she was not allowed to refill her prescription because it had already been replenished by Millas.
Bailey claims that on March 14, 2008, she attempted to fill a Zanax prescription that had been prescribed to her by her physician, Dr. Stuart Mauch.
After providing required information, such as her birth date, and signing for the prescription, the prescription was authorized and filled. From that date forward, Bailey was entitled to refills of 90 pills, according to the complaint.
On March 17, 2008, Millas, who was an unauthorized person, presented to a Wal-Mart employee an empty prescription bottle of Zanax with Bailey's name on it, the suit states.
Despite Wal-Mart's established safety policies, Wal-Mart's employee filled the prescription for Millas, the complaint says.
When Bailey attempted to receive other prescription drugs prescribed by her physicians, she claims she was unable to because of the frequent refills of Zanax. In effect, Bailey experienced great pain and suffering, according to the complaint.
Bailey is seeking a judgment of more than $100,000, plus costs.
Grey Chatham of Belleville will be representing her.
St. Clair County Circuit Court case number: 09-L-521.