SAN DIEGO – A San Diego County man alleges he was injured because he was prescribed a medication only meant for short-term use for years.

Salvatore Lafata filed a complaint on Dec. 15 in the U.S. District Court for the Southern District of California against United States of America, Thrifty Payless Inc. and Rite Aid Corp. alleging medical negligence.

According to the complaint, the plaintiff alleges that in 2012, he started receiving medical care from the defendants and was regularly prescribed with Metoclopramide for several years. However, he alleges there are risks associated with the long-term use of the medicine, which is supposedly not to be taken for more than 12 weeks. As a result of defendants' alleged practice, the plaintiff claims he suffers from motor and neurological problems, severe respiratory distress, hazards of aspiration, and other injuries, pain and suffering, extreme distress, disability and damages.

The plaintiff holds United States of America, Thrifty Payless Inc., and Rite Aid Corp. responsible because the defendants allegedly failed to warn plaintiff of the serious effects and health risks associated with prolonged use of the drug, and failed to be diligent in their care and treatment of plaintiff.

The plaintiff requests a trial by jury and seeks judgment against defendants, general and special damages and medical expenses. He is represented by Janice F. Mulligan, Elizabeth A. Banham and Aida M. Van Herk of Mulligan, Banham & Findley in San Diego.

U.S. District Court for the Southern District of California Case number 3:16-cv-03035

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U.S. District Court for the Southern District of California
221 W Broadway
San Diego, CA - 92101

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