On October 11, Lori Smith, a Salisbury woman, filed a lawsuit against CVS, a CVS pharmacist and a CVS manager, asserting claims of negligence, malpractice, and reckless misconduct. According to Ms. Smith, she was diagnosed with pink eye by her primary care physician and prescribed eye drops as part of her treatment. Ms. Smith she filled the prescription later that day at her local CVS, but she was given the medicine in the form of ear drops rather than the prescribed eye drops. She contacted the pharmacist after the drops burned her eyes, informing the pharmacist about the burning sensation and that the label that said "use in ears only." However, the pharmacist instructed Ms. Smith that the drops were safe for use and can be used in both the ears and eyes.

Unfortunately, the medicine was not interchangeable. Ms. Smith's prescription could be used in her ears, but the ear drops she was given could not be used in her eyes. As a result of using the ear drops in her eyes, Ms. Smith's eyes became swollen and sensitive to light, causing her severe pain. Ms. Smith's eyes were later treated, and she was prescribed additional medications. However, Ms. Smith's vision has deteriorated to 20/80, and she must wear sunglasses continually as a result of her injuries. Ms. Smith further alleges she lost her job and has been unable to attend college classes.