Madison - St. Clair Record

Monday, August 19, 2019

Pharmacy seeks to dismiss suit alleging malpractice

By Heather Isringhausen Gvillo | Jan 3, 2017

A pharmacy seeks to dismiss a wrongful death suit alleging a woman died after she was prescribed a new medication.

Judi Ashcraft, individually and as executor of the estate of Wanda Phillips, filed the complaint on Oct. 28 against Dr. Sophia Rostovtseva, Maryville Physicians’ Services LLC, UDI #2 LLC, Unlimited Development Inc. and Home Pharmacy Services.

Ashcraft alleges Phillips was a patient at Liberty Village of Maryville on Feb. 10, 2015, when Rostovtseva prescribed Fludrocortisone, a medication that was allegedly contraindicated with her heart condition.

Two days later, Phillips’ mental state allegedly worsened and she was admitted at Anderson Hospital due to severe electrolyte abnormalities.

Ashcraft claims the decedent’s condition never stabilized and she never regained consciousness. Phillips died on Feb. 19, 2015.

The plaintiff alleges the defendants failed to properly diagnose the decedent’s condition and negligently prescribed Fludrocortisone.

Home Pharmacy Services, doing business as Omnicare of Belleville, filed a motion to dismiss the suit on Dec. 12 through attorneys James Abbott and Elizabeth Alberico of Litchfield Cavo LLP in Chicago.

Omnicare argues that the plaintiff failed to provide an affidavit and health care provider’s report that mentions the defendant. Specifically, the defendant alleges a pharmacist was required to submit an affidavit and report.

The complaint alleges Omnicare filled and delivered a prescription for Fludrocortisone when it knew the drug was not clinically indicated and was contraindicated, filled and delivered an overdose of Fludrocortisone when it knew that the dosage was three times the manufacturer’s recommended dosage, filled and delivered an increase in Furosemide dosage when it knew that prescribing it and Fludrocortisone would result in metabolic alkalosis with an increase in arterial PH and worsen the decedent’s COPD, and failed to warn that the aforementioned prescriptions were not clinically indicated.

Madison County Circuit Judge Barbara Crowder scheduled a motion hearing for Jan. 19 at 9 a.m.

Rostovtseva and Maryville Physicians’ Services answered the complaint on Dec. 13 through attorneys Theodore MacDonald Jr. and Dawne Zupanci of HeplerBroom in Edwardsville.

They deny liability and argue that any alleged injuries were the result of “some conduct other than Defendants’ conduct.”

Ashcraft replied to the defendants’ affirmative defenses on Dec. 16 through attorney Matthew Chapman of Becker Schroader & Chapman in Granite City. She denied each and every allegation.

The plaintiff is represented by Matthew Chapman of Becker Schroader & Chapman in Granite City.

Madison County Circuit Court case number 16-L-1484

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Becker Schroader & Chapman PC HeplerBroom

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