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Date: 12-14-2015
Case Style: Charles Zielke, Jr. v. Walgreen Co. d/b/a Walgreens
Case Number: CJ-2015-328
Judge: Jeff Virgin
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Clayton Hasbrook
Defendant's Attorney: Tim Harmon and Nick Hancock
Description: Cleveland, OK - Charles Zielke, Jr. sued Walgreen Co. d/b/a Walgreens on a medical negligence (pharmacy negligence, pharmacy malpractice) theory claiming:
Charles Zielke, Jr., Plaintiff, for his cause of action against Defendant, Walgreen Co., an Illinois Corporation, d/b/a Walgreens, alleges and states as follows:
1. Plaintiff is a resident of Moore, Cleveland County, State of Oklahoma.
2. Defendant, Walgreen Co., d/b/a Walgreens, is a foreign corporation authorized to do business in the State of Oklahoma.
3. On or about the 24th day of May, 2013, Plaintiff presented prescriptions for Keflex, Bactrim and Norco to Walgreen's Store # 5738 which is located at NE 12th and Eastern Avenue in Moore, Oklahoma.
4. The prescriptions for Norco and Bactrim were filled. However, the agents, servants, and/or employees of the Walgreens store # 5738 failed to fill the prescription for Keflex.
5. As a result of the negligence of Walgreens through the agents, servants, and/or employees of Walgreens by failing to fill the prescribed medication, caused Plaintiff to suffer further injuries and damages which required hospitalization.
6. The Plaintiff is seeking money damages in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code.
7. Plaintiff alleges that as a direct and proximate result of the careless and negligent acts and omissions of the Defendant and its agents, servants, and/or employees, Plaintiff has suffered bodily and emotional injuries which have caused physical and mental pain and suffering and that, as a result, he has incurred medical expenses and lost wages. Plaintiff s medical bills are in excess of $20,988.83. Plaintiff alleges damages in an amount in excess of $75,000.00.
WHEREFORE, the Plaintiff respectfully requests judgment against the Defendant in an amount in excess of $75,000.00, along with costs, interest, attorney fees, and any other and further relief to which he may be entitled.
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: