West Virginia Record

Wednesday, October 16, 2019

Rite Aid, medical professionals are accused of negligence leading to patient's death


By Carrie Bradon | Jul 24, 2019

CHARLESTON — A woman is suing a pharmacy and a medical team, alleging her loved one was caused to die due to negligence of a pharmacy.

Mary Jo Lawson, as administratix of the estate of Jack A. Hitchcock, filed a complaint in Kanawha Circuit Court against Rite Aid of West Virginia Inc.; Walgreen Co. dba Rite Aid No. 03702; Justin T. Lutsy; and Michael A. Sundararmen, M.D.

The suit states Mr. Hitchcock was prescribed anti-seizure medications and a number of his prescriptions were filled at the defendant's facility. The defendant allegedly misfilled the plaintiff's prescription with a different medication than he was to take and the plaintiff was caused to contract a fever in October 2017, which resulted in a bad reaction. The plaintiff was told by Lutsy to discontinue usage of the medication upon the realization that it was the incorrect medication, but the plaintiff still had to be admitted to the hospital on Oct. 27, 2017. The plaintiff allegedly was ultimately caused to die due to the negligence of the defendant.

The defendant is accused of pharmacy malpractice, vicarious liability, medical malpractice, and punitive damages.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Christopher Pence of Hardy Pence in Charleston.

The case has been assigned to Judge Charles King.

Kanawha Circuit Court case number 19-C-578

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