Woman files suit after being prescribed wrong medication

By Kelly Holleran | Jan 21, 2009

MORGANTOWN –- A Monongalia County woman who alleges she became seriously ill after being prescribed the incorrect medication has filed suit against Core Health Care, one of its doctors and Giant Eagle.

Judy Rose visited Core Health Care seeking treatment for a nail fungus on Jan. 25, 2007, according to the complaint filed Dec. 15 in Monongalia Circuit Court.

After Dr. Kay Kelly examined Rose's nails, she prescribed Rose 250 mg of Lamictal, an anti-seizure medication, instead of the anti-fungal medication Lamisil she had intended to prescribe, the suit states.

When Rose took the prescription to Giant Eagle's University Town Center pharmacy in Morgantown, pharmacists there filled it despite their knowledge that Rose had no history of seizures, she claims.

"The Defendant pharmacy knew or should have known that the Lamictil dosage prescribed by Defendant Kelly was an incorrect and/or toxic dosage for a first time user of the medication," the suit states.

Not knowing any better, Rose began taking the medication on Feb. 5, 2007, she claims.

Soon after, she experienced dizziness, nausea, fatigue, vomiting and a rash, according to the complaint.

On Feb. 20, 2007, Rose called Core Health Center and left a message describing her reaction to the medication, the suit states.

Later the same day, someone from the center returned her phone call and told her to stop taking the medication and to begin taking Benadryl, she claims.

"No one from the Defendant Clinic ever advised her that she had been given the wrong prescription," the suit states.

Even after she stopped taking the medicine, Rose's symptoms got worse and she was unable to keep liquids or food down because of nausea and vomiting, according to the complaint.

Finally, on Feb. 23, 2007, Rose was admitted to Ruby Memorial Hospital where she remained hospitalized until Feb. 25, 2007, she alleges.

Because of the incorrect prescription, Rose claims she suffered significant and debilitating physical injuries, mental and emotional anguish and has incurred medical expenses.

Rose's husband, John R. Rose, claims he suffered his wife's care, comfort and consortium.

Kelly, the nurse, Core Health Care and Giant Eagle failed to exercise the degree of care, skill and learning required and expected of a reasonable, prudent certified family nurse practitioner, health care clinic and pharmacy acting in the same circumstances, according to the complaint.

"Defendant Kelly's lack of care or want of skill in prescribing Lamictil for Mrs. Rose's nail fungus is so gross as to be apparent and her breach relates to matters of diagnosis and treatment which a jury can readily understand based on their common knowledge and experience," the suit states.

The Roses are seeking unspecified compensatory damages, attorney's fees, costs and other relief the court deems just.

They are represented by Ray A. Byrd and D. Kevin Coleman of Schrader, Byrd and Companion in Wheeling.

Monongalia Circuit Court case number: 08-C-918

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