Is It Legal For A Pharmacist To Refuse To Fill My Future Prescriptions Over An Argument He Had With Someone Else?nj
Location: New Jersey.
I went to Walmart Pharmacy to fill a replacement prescription after one of my medication pens misfired. The manufacturer provided me with a replacement voucher. However Lilly never made me aware of the fact that I needed to have a refill and I was trying to explain to the tech what I understood from them. That was when the pharmacist came to the front and requested that we speak to him instead.
As I was explaining to him, the pharmacist said I was trying to "double dip" and get an entire box of medication for free when only one pen had malfunctioned. He also stated that if I was “truly” entitled to a replacement, I should contact the manufacturer directly and have them mail me another box.
During the conversation, my mother asked questions because we were confused about why the voucher couldn't be processed and why the pharmacy said I needed a refill prescription when I had an active prescription in the system . The pharmacist became frustrated, said we were "wasting his time," and walked away. He then said, "This is why I don't like dealing with ghetto people," and questioned how my mother could be a licensed nurse after she explained that in her experience as a nurse, usually the medication is provided again. Keep in mind my mom and I are black so I guess us being confused and asking questions about what he was trying to say means that we are ghetto.
After he made that statement, I told him to give me a second I will verify with the manufacturer what I needed to do to get the replacement but when I walked away apparently my mom and him continued to go back and forth arguing so I don’t know what transpired between them. After I got off the phone, I told my mom to stop arguing with him and let’s go.
After that I contacted my doctor explaining the situation to get a refill I was then told that the pharmacy can’t fulfill the medication. I checked with Walmarts system and got an email that it was picked up already and my refill request was denied.
When I called to know why he said I threatened him and he will not fill my medication, meanwhile I never threatened him then he backtracked stating that because I was “arguing” with him he won’t fill any medications for me and is banning me from the store. I’ve never argued with him, I just requested to get clarification and when he said I was “wasting his time”, I excused myself to call the manufacturer again and was not present for their argument.
Basically because of the issue he had with my mom he won’t fill my prescription. Based on his ghetto comment and the comment that I’m trying to double dip on my medication since the company gave me a voucher. I believe his statements were discriminatory. I know NJ has a duty to fill law and I just want to know if I have any steps for legal recourse. He also said I threatened him which is not true and I feel is defamatory.
I asked him for his first and last name and he didn’t even give me the correct first name and refused to provide his license number.
I called Walmart corporate and they told me he cannot make a decision to ban me, only Asset protection can do that and they will escalate it accordingly.
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