West Virginia Record

Tuesday, July 23, 2019

Parents sue Poca Valu-Rite for medication mix up

By Kyla Asbury | Jun 15, 2011

WINFIELD – A couple is suing Poca Valu-Rite after it mixed up their son's medication.

On Aug. 22, 2009, Tammy Simpson requested a refill of Risperdal 3mg for her son, John Dakota Simpson, as ordered by the child's physician, according to a complaint filed June 9 in Putnam Circuit Court.

Tammy Simpson claims the prescription that was dispensed by a Poca Valu-Rite employee was supposed to be Risperdal, but was labeled "Risperal." She claims when she questioned the pharmacy about the medication, since the pill had a different appearance than the Risperdal that her son was currently taking, she was assured that it was the correct medication and was a generic of Risperdal.

After taking the medication dispensed by Poca Valu-Rite for six days, John Dakota Simpson became extremely ill and started experiencing psychosis, sleeplessness, decreased appetite, frequent vomiting, facial flushing, pharyngitis, hiccups, and gastrointestinal problems and was admitted to the pediatric intensive care unit, according to the suit.

Tammy Simpson claims the medication was returned to the pharmacy, at which time it was determined that the wrong medication was given to them.

The Poca Valu-Rite employee dispensed Requipt instead of Risperdal. Requipt is a medication with no indicated usage for children, according to the suit.

Tammy Simpson claims the defendant is responsible for John Dakota Simpson's injuries and was negligent by putting the wrong medication in and by failing to verify the medication bottle contained the correct medication.

The defendant "was negligent and breached the standard of care when its employee failed to insure that the label on the prescription bottle dispensed to the patient accurately reflected the name and the strength of the medication in the bottle," according to the suit.

Tammy Simpson and Troy Simpson, her husband, are seeking compensatory and punitive damages. They are being represented by Michelle Johnson.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 11-C-154

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