CHARLESTON – A woman is suing Rxbytel, Inc., after she claims it filled a prescription with the wrong medication and caused the death of her family member.

Twenty-five unknown and unnamed individuals were also named as defendants in the suit.

On Jan. 19, 2011, Diana Unik was given a prescription for 25mcg Fentanyl transdermal patches by her physician, Dr. Iraj Derakhshan, according to a complaint filed Dec. 31 in Kanawha Circuit Court.

Mary Unik claims the defendants filled the prescription with 75mcg Sandoz Fentanyl transdermal system patches on Jan. 27, 2011, which was a larger patch than Diana Unik’s physician had prescribed.

Diana Unik was wearing one of the patches at the time of her death, according to the suit.

Mary Unik claims an autopsy performed after Diana Unik’s death listed her cause of death as mixed drug toxicity caused by Fentanyl dose delivered by the Fentanyl patch.

The defendants were negligent in filling Diana Unik’s prescription and caused her death, according to the suit.

Mary Unik claims the defendants had a duty to fill the prescription correctly and failed to do so.

The defendants breached their duty to Diana Unik by failing to fill the prescription correctly, according to the suit.

Mary Unik is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Kathryn R. Bayless and Michael E. Heygood.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-2584

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