Case against Wal-Mart and doctor involving trip and Fentanyl, in court

Amelia Flood Aug. 24, 2010, 12:00pm


A case management conference will be held Wednesday in a wrongful death suit brought against Wal-Mart Stores Inc., a physician and his practice.

Plaintiff Kara Manley filed suit this year as special administrator of the estate of Gary Manley, seeking more than $50,000 in damages and costs.

Kara Manley claims Wal-Mart negligently allowed Gary Manley to slip on the floor of its O'Fallon store.

She further claims that Dr. Oscar Florendo and his practice, Osbec Medical of Southern Illinois, negligently allowed Gary Manley to die of a Fentanyl overdose in July 2008 and that he was taking the pain killer due to injuries he suffered in the Wal-Mart fall.

In her suit, Kara Manley claims Wal-Mart allowed oil or another slippery substance to accumulate on the floor of its O'Fallon store on Feb. 22, 2008 while Gary Manley was a shopper at the store.

Gary Manley slipped and was injured.

He then became a patient of Florendo's and was prescribed Fentanyl for severe back pain that allegedly resulted from the slip and fall injuries.

Gary Manley died of an overdose of the painkiller in June 2008.

Kara Manley claims Florendo failed to properly monitor the Fentanyl use and that that he did not comply with the requirements for prescribing Fentanyl as set forth in the Physician's Desk Reference Manuel.

Wal-Mart filed counterclaims against the other defendants for equitable apportionment if a judgment is entered against it in the case.

The defendants tried and failed to have the suit dismissed.

Florendo and Osbec are attempting to have the case against them severed from the suit against Wal-Mart.

Madison County Circuit Judge Daniel Stack presides.

Stack took over the case when he exchanged dockets with Madison County Circuit Judge Barbara Crowder earlier this month.

Stack took over Crowder's civil cases while Crowder became the new asbestos judge.

Jack Strellis of Waterloo represents the plaintiff.

James DeFranco of Swansea is Wal-Mart's attorney.

Charles Swartwout of Belleville represents Florendo and Osbec Medical.

The case is Madison case number 10-L-10.

More News