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The 1st Appeals Panel of the Small Claims Courts of the Federal District upheld the ruling that Drogaria São Paulo S.A. was ordered to pay R$10,000 in moral damages to a 98-year-old consumer who received an expired continuous-use medication.
According to the lawsuit, the elderly woman purchased Glicolive 1500 mg from Aché through the pharmacy's website after extensive searches at other establishments. The purchase, worth R$114.00, was intended to meet the retiree's ongoing treatment needs. The day after purchase, she received the product. However, upon starting to use it, the plaintiff discovered that the product had passed its expiration date, making it impossible to consume it.
After contacting the company, the consumer was informed that the medication would be recalled and the amount refunded, which was not the case.
The 3rd Small Claims Court of Taguatinga acknowledged the failure to provide the service and ordered the company to pay compensation for moral damages. The court noted that there was not only a failure to provide the service, but also "undeniable extraordinary inconvenience and annoyance" that went beyond mere inconvenience, especially considering the intended purpose of the product, the consumer's advanced age, and the emotional impact caused.
The decision also highlighted the health risk to which the consumer was exposed due to the company's negligence in checking the expiration date of the medications.
The Appeals Court, however, upheld the decision in its entirety. The panel concluded that the amount of R$10,000 meets the criteria of proportionality and reasonableness, considering the specificities of the case and the circumstances demonstrated during the legal proceedings.
For more information, see case number 0724480-71.2024.8.07.0007. Source: TJDFT News
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