CHARLESTON - A North Carolina woman has filed a suit against a pharmaceutical company after her father died of an accidental toxic overdose while taking the prescribed amount of the drug Zyprexa.

Coral Proffitt Nutter filed a suit April 13 in Kanawha Circuit Court on behalf of Lacy L. Proffitt, a resident of Raleigh County. The suit names Eli Lilly and Company and REM Community Options Inc. as the defendants.

According to the lawsuit, Proffitt sustained a brain injury and required in-home services, which were provided by REM Community Options Inc. The services included administering and providing Zyprexa.

Zyprexa is an "atypical antipsychotic drug" often used in the treatment of mental and/or mood conditions, the suit says.

Nutter claims in the suit that on Oct. 15, 2004, Proffitt died due to injuries resulting from ingesting a toxic level of Zyprexa.

Nutter claims she and her family were told Proffitt died as a result of choking or asphyxiation.

The suit also names five John Does who allegedly prescribed or administered Zyprexa to Proffitt as defendants.

In a six-count suit, Nutter seeks punitive and compensatory damages against the defendants.

C. Benjamin Salango is the attorney for Proffitt's family, and the case has been assigned to Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number 07-C-733

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