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Woman says pharmacist filled her prescription with 20 times the requested oxycodone

State Court
Wal

CHARLESTON – A Cabell County woman says a Walgreens pharmacist provided her with the wrong dose of oxycodone, causing her to suffer an overdose and cardiac arrest.

Nancy and Joseph Bostar filed their complaint in Kanawha Circuit Court against Walgreens Pharmacy and a John/Jane Doe pharmacist.

According to the complaint, Nancy Bostar had surgery at the Cleveland Clinic. She was prescribed oxycodone 5mg/5mL oral solution and was to take 5 mL by mouth every four hours as needed for up to three days.

On November 3, 2019, she says a pharmacist for Walgreens provided the wrong dosage of the medication, instead filling her prescription with 20 mg/ml oxycodone hydrochloride oral solution.

“Calculated for the 5mL Nancy Bostar was prescribed to take, this was 100mg/5mL oxycodone hydrochloride oral solution, twenty times what she was prescribed to take,” the complaint states. “As a result of this conduct, Nancy Bostar suffered an overdose where she took the medication as directed.

“As a result of being provided twenty times what she was prescribed, Mrs. Bostar went into cardiac arrest. Mr. Bostar was present when this occurred and called 911.”

According to the complaint, she was given multiple shots of Naloxone and admitted to St. Mary’s Medical Center for treatment.

The Bostars accuse the defendants of negligent and reckless conduct and negligent infliction of emotional distress. They seek joint and several compensatory damages, attorney fees, court costs and other relief.

They are being represented by Paul E. Stroebel of Stroebel & Stroebel in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number 21-C-985

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