An Eau Claire man has filed a civil suit against Wisconsin CVS Pharmacy, claiming he was given the wrong prescription, which resulted in him having multiple seizures.

Matthew D. Snapp is seeking an unspecified amount in damages and costs associated with the suit.

“CVS Pharmacy has not been served with a suit regarding this matter,” said Gary Serby, CVS Health director of corporate communications, via email. “The health and well-being of our patients is our number one priority, and we have comprehensive policies and procedures in place to ensure prescription safety.”

According to court records:

Snapp was diagnosed with epilepsy as a young adult and prescribed medication to prevent epileptic seizures.

On or about April 7, 2016, he was prescribed an anticonvulsant drug called Divalproex DR (delayed release) 250 mg, and his physician sent the prescription to CVS Pharmacy, 3649 S. Hastings Way.

Snapp went to the pharmacy to obtain his prescription as he had done several times before, and someone employed by or under contract with CVS Pharmacy issued him a prescription for Divalproex ER (extended release) 250 mg.

The suit also names John Doe, an unknown defendant who was either employed by or contracted with CVS Pharmacy to act as a pharmacist at that location, and an unknown insurance company, which provided liability coverage pursuant to an insurance policy with CVS Pharmacy and/or John Doe, as defendants.

At the pharmacy, Snapp was told that the drug was a refill and asked if he knew how to take it or if he had any questions. Snapp had taken it before without problem and didn’t have any questions.

Several days after taking the medication, Snapp had a grand mal seizure, which causes a loss of consciousness and violent muscle contractions.

Snapp suffered from several more seizures, which required medical care and expense and caused him pain and suffering and loss of income.

“The CVS Pharmacy and John Doe had a duty to ensure that they issued the correct medication to their customers … and breached that duty by issuing the wrong medication” to Snapp, the lawsuit states.

Their “negligence in issuing the incorrect medication was the actual and proximate cause … of Snapp’s injuries and damages,” the suit continues.

Contact: 715-830-5838,, @CTOBrien on Twitter