Patient claiming she was treated for false pre-leukemia refiles suit

By The Madison County Record | May 13, 2014

A woman has re-filed a suit against the doctor she claims gave her illegal drugs to treat her false condition of “pre-leukemia.”

Rosemarie C. Wendler filed suit May 1 in the Madison County Circuit Court against Abid O. Nisar, M.D. Wendler initially filed a complaint against Nisar on Dec. 28, 2012, but voluntarily dismissed the pro se complaint May 3, 2013.

She is now being represented by Roy C. Dripps and Michael T. Blotevogel of Armbruster, Dripps, Winterscheidt and Blotevogel in Alton.

According to the complaint, Wendler underwent a bone marrow biopsy Jan. 19, 2009, to help determine why she was anemic. The defendant diagnosed Wendler with a condition called myelodysplasia without conducting additional recommended tests, according to the complaint.

He called the condition “pre-leukemia,” and told Wendler if she wanted to save her life, she would begin treatments with him, the suit states.

Wendler’s diagnosis, however, was false. In fact, the biopsy ruled out leukemia and demonstrated no elevation in blastocyte numbers, the complaint says.

Relying on Nisar’s diagnosis, though, Wendler began to take a drug called Vidaza. Nisar told Wendler the drug was a legitimate chemotherapy agent that would treat her condition, according to the complaint.

Little did Wendler know, however, the drugs prescribed by Nisar were illegal and not approved by the FDA, the suit states.

It was not until Jan. 6, 2012, that Wendler learned the drugs she was taking were illegal after she received a letter from Nisar revealing the fact, the complaint says.

In her current complaint, Wendler says she suffered unnecessary shock and emotional distress and incurred unnecessary medical costs because of Nisar’s diagnosis. She also lost her normal life, experienced pain and suffering and endured various side effects from the drugs including renal damage and prolonged fatigue, according to the complaint.

She blames Nisar for contributing to her injuries, saying he negligently lied to her about her diagnosis, prescribed her illegal drugs, misrepresented the nature of the drugs and failed to use his skill to treat her.

Wendler is seeking a judgment of more than $50,000, plus costs and other relief the court deems just.

Madison County Circuit Court case number 14-L-660.

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