CHARLESTON - Instead of the medication her doctor prescribed for her, a woman is saying she was given someone else's order when she went to pick up her medicine at the CVS Pharmacy in Dunbar.

Mildred Hinzman is suing CVS Pharmacy, Inc., Revco Discount Drug Centers, SCP 2003D-55 as owners of the CVS and Jody Franco and Shawn Tyree as employees. She filed the lawsuit Oct. 2 in Kanawha Circuit Court.

Hinzman alleges that on June 9, 2005, she was given Cartia XT and sodium bicarbonate instead of the Topamax, Zoloft and Lortab prescribed to her by Dr. Mary Jenkins.

The complaint says the medicine she received was for a patient of Dr. V.B. Lakhani, but Franco and Tyree erred in giving it to Hinzman.

She says Franco and Tyree "were negligent in the preparation of the prescriptions for Plaintiff and in their dispensing of the improper medications to the plaintiff."

Hinzman adds that taking the wrong medication caused severe physical and emotional adverse reactions and is seeking compensatory damages for pain and suffering, medical expenses and physical and mental impairment.

Edwin Pancake of Maroney, Williams, Weaver and Pancake in Charleston is representing Hinzman.

Judge Charles King has been assigned the case.

Kanawha Circuit Court case number 06-C-2044

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