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  1. Now that dismissal has been refused and jurisdiction established, CVS’ legal team must show that the proposed accommodation, of letting Mr Callum in the store after hours, is harmful or dangerous in some way, to CVS, it’s customers, or it’s workers.

    Normally, mental-health caseworkers can arrange for themselves or another caregiver, to perform Medication Management…Meaning that a caregiver travels to the pharmacy during business hours, fills the prescription, and delivers it to the patient’s residence. If the patient’s dosages are stable, commonly the prescriptions can be filled by mail.

    If this patient is too stressed-out to enter a drug store himself, there are alternative ways to get his prescription filled. One question worth raising, is if the patient has this much difficulty among strangers (agoraphobia?), where is the patient being housed? Typically that’s a major concern for the treating physician…if the patient is too sick to live on his own and cannot communicate well, typically a state probate court will assign the patient a guardian and the guardian will make the living arrangements…and procure the medication…using disability funds for which the patient qualifies. All of which bears upon the question of worker safety, that has been raised before the court.

    It’s certainly possible in this case, that the first CVS employee to encounter this guy’s request to visit the store after-hours, assumed the plaintiff was planning a robbery. It’s not well-established, just how the plaintiff came to be represented by a lawyer, if he’s afraid to speak with strangers. If he didn’t go to the law office himself, who went for him and why? A reasonable person would want to know these facts during civil discovery, to establish whether this lawsuit was brought for purposes of harassment or unjust enrichment. One would think that a patient with a serious mental-health problem that interfered with activities of daily living, like filling a prescription for antipsychotic meds, would primarily need help getting medicated and staying on medication, and that concerns of getting money out of CVS would be secondary.

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