Heather Isringhausen Gvillo Nov. 20, 2013, 12:23pm

An Alton pharmacy accused of dispensing the wrong medication to a customer filed a notice of removal to federal court.

Defendant College Avenues CVS filed a notice of removal on Sept. 11 through attorneys James E. DeFranco and Darrell Flesner of DeFranco & Bradley in Fairview Heights seeking to remove the case from Madison County Circuit Court.

The defendant claims removal is proper due to diversity of citizenship, alleging plaintiffs Marvin D. Miller and Marvin D. Miller, Jr. are citizens of Illinois, plaintiff Peggy Hansen is a citizen of Iowa and the defendant is a citizen of Rhode Island.

According to the notice, the case should also be removed because the amount in controversy exceeds $75,000, satisfying removal requirements.

According to the complaint filed June 7, Miller, Sr. was prescribed the muscle relaxant Robaxin, 500 mg, in August 2011. However, the pharmacist on duty at the College Avenue CVS Pharmacy allegedly filled the prescription with Cyclobenzaprine, 10 mg - the wrong muscle relaxer.

The incorrect medication allegedly made Miller, Sr. ill, leaving him with severe and permanent injuries, the suit states.

According to the complaint, the pharmacist and pharmacy are guilty of wrongfully dispensing prescription medication, failing to properly train employees and failing to follow proper protocols in dispensing medication.

Pharmacist Jane Doe is also named a defendant.

The plaintiffs seek a judgment of more than $300,000.

Allan L. Napp of Alton represents Miller and his family.

Madison County Circuit Court case number 13-L-962

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