CHARLESTON - A Kentucky man has filed a suit against a West Virginia pharmaceutical company, on behalf of the estate of his late wife, who allegedly died after ingesting Digitek.

John Anthony Conte of Madison County, Ky., filed the suit Oct. 9 in Kanawha Circuit Court against Mylan Pharmaceuticals on behalf of his late wife, Scottye Helton Conte.

Scottye Conte, who suffered from a cardiac condition, was prescribed Digitek by her physician, the suit says. She died Oct. 12, 2007, as a result of ingesting the medication, the suit says.

Digitek is widely used in the treatment of various heart conditions, including atrial fibrillation, atrial flutter and heart failure that cannot be controlled by other medications.

According to the suit, Digitek contains twice the approved level of active ingredient and a narrow therapeutic index, which means the medication has a limited margin between effectiveness and toxicity.

The drug has a history of problems and there have been at least 11, and possibly more, complaints about the adverse side effects including illnesses and injuries from Digitek since 2006.

John Anthony Conte claims he suffered damages including sorrow, mental anguish and solace, which may include society, companionship, comfort, consortium, guidance, kindly offices and advice of the decedent.

In the six-count suit, John Anthony Conte seeks compensatory and punitive damages for his wife's estate.

Attorney Tony O'Dell is representing Conte. The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number: 08-C-1995

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