A Madison County man and his family are suing an Alton pharmacy for giving him the wrong muscle medication.

Marvin D. Miller, Marvin D. Miller Jr. and Peggy Hansen filed a lawsuit June 7 in Madison County Circuit Court against CVS/Pharmacy LLC and pharmacist Jane Doe.

According to the complaint, Miller Sr. was prescribed the muscle relaxant Robaxin in August 2011. However, when he took his prescription to the College Avenue CVS Pharmacy the pharmacist on duty allegedly filled it with Cyclobenzaprine, the wrong muscle relaxer. Miller Sr. claims he became sick after taking the medicine he was given.

Miller Sr. accuses the pharmacy and pharmacist of negligence. His children are suing the defendants for loss of consortium. They ask for more than $300,000 in damages for medical expenses and court costs.

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

Madison County Circuit Court Case No. 13-L-962

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