Fentanyl death blamed on Wal-Mart slip and fall

By Kelly Holleran | Jan 14, 2010

A woman claims her husband's death from an overdose of prescription pain medication would not have occurred had he not slipped and fallen at Wal-Mart.

Kara S. Manley filed a lawsuit Jan. 6 in Madison County Circuit Court on behalf of her deceased husband, Gary W. Manley, against Wal-Mart Stores, Dr. Oscar F. Florendo and Osbec Medical of Southern Illinois.

Kara Manley claims Dr. Florendo prescribed a Fentanyl Transdermal Patch to Gary Manley for back pain he experienced after falling at Wal-Mart.

The slip and fall incident occurred as Gary Manley shopped at the O'Fallon Wal-Mart on Feb. 22, 2008, according to the lawsuit.

"Plaintiff's decedent, while in the aforesaid store as a customer of the defendant, slipped and fell on the oil or other slippery product and as a direct and proximate result, plaintiff's decedent, Gary W. Manley, then and there sustained injuries, disability, pain, loss of income and medical expenses," the suit states.

After his fall, Gary Manley began experiencing severe back pain, and visited Florendo on June 10, 2008, for help. In turn, Florendo prescribed Fentanyl Transdermal Patch at a dose of 100 micrograms per hour, plus morphine sulfate, the complaint says.

On June 11, 2008, Gary Manley died from acute Fentanyl toxicity, Kara Manley claims.

Because of Gary Manley's death, Kara Manley has been deprived of large economic loss and his valuable services, the suit states.

Kara Manley blames Walmart for allegedly failing to remove oil or another slippery substance from the store's floor.

She blames Florendo and Osbec Medical through Florendo for negligently prescribing the Fentanyl patch, for failing to monitor Gary Manley's condition and for failing to comply with requirements for Fentanyl usage.

In the four-count suit, Kara Manley seeks a judgment of more than $200,000, plus costs.

Jack A. Strellis of Strellis and Field in Waterloo will be representing her.

Madison County Circuit Court case number: 10-L-10.

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