San Diego woman said Pharmacist denied to fill medication after miscarriage

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By Yosi Yahoudai
Founder and Managing Partner

Angela Costales went through a miscarriage in December 2023, she was prescribed medication but a pharmacist in Clairemont Drive refused to fill it.

SAN DIEGO COUNTY, Calif. — In October 2023, Angela Costales found out she was pregnant but at her eight week check up doctors couldn’t find a fetal heartbeat or movement. 

“We had the sad realization that I was miscarring,” Costales said.  

Following her miscarriage, doctors prescribed Costales with medication. Angela and her husband drove to the CVS Pharmacy on Clairemont Drive to pick up Misoprostol but she tells CBS 8 that the pharmacist refused to fill her medication. 

“She looked me square in the face and she told me it doesn’t matter if I have it. I am not comfortable dispensing it to you and that was the first moment that I realized that what was happening was scary and wrong,” Costales said. 

Angela explains that after the interaction with the pharmacy employee, she left with her husband to the CVS Pharmacy on Balboa Avenue where she was able to get the medication she needed. 

“CVS really robbed me of my ability to mourn our pregnancy loss with all of this,” Costales said.  

CVS Pharmacy tells CBS 8 in statement: 

“Our highest priority is ensuring safe and timely access to medications for our patients, and we understand the important role pharmacies serve in support of women’s health care. We have policies in place to ensure no patient is ever denied access to medication prescribed by a physician based on a pharmacist’s individual religious or moral beliefs. If a pharmacist does have such a belief, they are required to notify us in advance so that we can ensure there are other arrangements in place to ensure the patient’s medication needs are promptly satisfied.”

Angela reached out to the National Women’s Law Center for Help. In early June, the group sent CVS Pharmacy a legal demand letter where they explain the situation that happened to Angela.

“We have told CVS that they are on notice and they need to make things right and importantly need to make sure that this never happens again,” National Women’s Law Center Reproductive Rights Health Team Senior Counsel, Clara Spera said.

Spera explains that if CVS Pharmacy refuses to talk about this situation or take steps to cure the situation so it doesn’t happen again, then legal options are on the table including filing a lawsuit. 

Angela hopes that by sharing her story the pharmacy retailer creates an environment that allows women the help they need. 

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.