Estate administrator blames pharmacies for mother's death

By Philip Gonzales | Sep 28, 2016

CHARLESTON — A Kanawha County woman is suing health care providers, alleging their negligence caused her mother's death. 

Stephanie Banks, administrator of the estate of Malinda Thaxton, filed a lawsuit Aug. 25 in Kanawha Circuit Court against Meds 2 Go Express Pharmacy Inc., doing business as  Alum Creek Pharmacy, and Health Mart Systems Inc., alleging they carelessly deviated from the appropriate standard of care.

According to the complaint, on June 3, 2015, shortly after Thaxton sent a text message to Stephanie Banks that she could not breath, Thaxton was found dead in her home. Her death certificate listed overuse of prescribed morphine as the cause of her death, the suit says.

The plaintiff alleges the defendants negligently filled prescription and dispensed medication to Thaxton for morphine, which was written by Dr. Iraj Derakshan, a physician who has been widely recognized for over-prescribing pain medication and that a number of his patients have died.

Banks seeks trial by jury, compensatory damages, punitive damages, pre- and post-judgment interest, court costs and all other relief to which is be entitled. She is represented by attorneys Stacy A. Jacques and Richard D. Lindsay of Tabor Lindsay & Associates in Charleston.

Kanawha Circuit Court Case number 16-c-1309

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