Waukesha Freeman reporter Brian Huber, in an article April 10, 2002, wrote detailed Attorney Pasternak's efforts to gain access to records relating to Walgreens misfilled prescriptions in Schmuki vs. Walgreen Co., Waukesha County Case Number 2001CV002499.  As discussed in the article, Attorney Pasternak's elderly client was given the wrong prescription by a Walgreens negligent pharmacist resulting in serious injuries.  The bottle was labeled correctly, but the pharmaceutical medication contained within it was the wrong drug.  The case alleged that Walgreens pharmacy and pharmacist were negligent in improperly filling the prescription with the wrong medication.

Walgreens sought an order trying to prevent Attorney Pasternak and his client from obtaining records relating to Walgreens pharmacy and its pharmacist's previous incidents that involved negligence in improperly misfilling the prescriptions and other evidence.  Walgreens was attempting to protect any public release of information regarding misfilled prescriptions.  Attorney Pasternak sought to demonstrate Walgreens pattern of misfilling prescriptions and to show the foreseeability of his elderly client's hospitalization.

The Waukesha Freeman article further reports that the Waukesha County Judge granted access to certain incident reports describing misfilled medications and prescriptions at the Walgreens in question and also involving the specific pharmacist and his prior negligence.  The Court also required that Walgreens produce additional materials and evidence relating to its policies and procedures for filling prescriptions.  However, the Court also ordered that the materials themselves were not to be publicly disseminated, but the Court would be open to rehearing the matte if these were needed for other litigation involving Walgreens misfilled prescriptions.