CHARLESTON – A Raleigh County couple is suing Wal-mart Stores East LP after they claim a pharmacist failed to question a prescription, which caused a permanent liver injury.
Wal-mart Stores Inc. and an unknown individual were also named as defendants in the suit.
On Sept. 2, Minda Eye presented to the Wal-mart Pharmacy to have a prescription for Cefdinir 600 mg filled after she had been to see her family physician with complaints of sinusitis and upper respiratory infection, according to a complaint filed in Kanawha Circuit Court.
Eye claims the defendants knew or should have known that she suffered from chronic renal disease and that the dosage was potentially excessive and dangerous.
The defendants had a duty to warn, counsel and educate Eye that the prescription was excessive and potentially dangerous due to her chronic renal disease, but failed to do so, according to the suit.
Eye claims the defendants had a duty to contact her family physician to question the high dosage or to otherwise counsel, warn and/or educate her.
The plaintiff was completely unaware of the potential danger and took the prescription as prescribed, according to the suit.
Eye claims on Sept. 15, she presented to her physician with fever and jaundice and was sent to Raleigh General Hospital and then transferred to the University of Virginia, where she was diagnosed with Cefdinir induced liver injury.
As a result of the defendants' negligence, Eye sustained a severe and permanent liver injury, according to the suit.
Eye and her husband, John Eye, claim the defendants conduct was negligent and reckless.
John Eye suffered a loss of consortium because of the defendants' misconduct, according to the suit.
The Eyes are seeking compensatory damages. They are being represented by W. Kent Carper of Hill, Peterson, Carper, Bee & Deitzler PLLC; and Ben Salango of Preston & Salango.
The case is assigned to Circuit Judge James Stucky.
Kanawha Circuit Court case number: 15-C-1275