Customer files amended complaint against Alton CVS for wrong medication

By Heather Isringhausen Gvillo | Sep 5, 2013

Plaintiffs in a lawsuit against an Alton pharmacy accused of dispensing the wrong medication filed an amended complaint on Aug. 8.

The amended complaint was requested in order to correct the defendants’ identification in the complaint. The amended complaint names Highland Park CVS LLC and Pharmacist Jane Doe as defendants.

Marvin D. Miller, Marvin D. Miller, Jr. and Peggy Hansen filed the lawsuit on June 7.

According to the complaint, 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, which is the wrong muscle relaxer.

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

According to the amended 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.

The pharmacy and pharmacist are accused of negligence. Miller, Jr. and Hansen seek more than $300,000 in damages for medical expenses and loss of consortium.

Allan L. Napp of Alton is representing Miller and his family.

Madison County Circuit Court case number 13-L-962

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