A Wyoming man is suing a Powell pharmacy for giving him the wrong medication. Ronald Franks, 61, filed a suit in Park County’s District Court alleging that his local pharmacy gave the wrong prescription and instructions.
The suit claims that Powell Drug botched Franks’s prescription and caused him to get into a car crash and arrested for driving under the influence of a controlled substance. Franks claims that he unknowingly took a sleep-inducing sedative in the morning, got in his car in the afternoon, and became drowsy and incoherent.
The pharmacy told police that they accidently gave Franks sleeping pills that were meant for someone else; however, pharmacist Stephen Rogers also said that he told Franks that they were sleeping pills and should only taken before going to bed. The prescription mix-up likely occurred due to confusion with similar patient names. However, Rogers alleges that they told Franks that they were sleeping pills, and that the correct drug name and directions were on the container that Franks received.
Hours after Franks took the sleeping pill, he got into his Mercury Sable and ended up driving it onto the sidewalk, backed it into another car, and then crashed his car into a garage door. Police indicated that Franks had a hard time walking, talking, and staying awake. They arrested Franks for a backing violation, failing to report the earlier crash, and for a DUI, resulting in Franks spending the night in jail. Police later realized that Franks did not know what he was taking and dropped the criminal charges.
Officers looked at the prescription bottle and said that the name on the bottle was “hardly legible,” and they could see how someone could make this mistake.
Because Franks “suffered monetary damages in the loss of his vehicle, emotional distress, severe embarrassment and humiliation of being arrested and incarcerated, defamation libel and false arrest,” he is suing Powell Drug. The parties recently agreed to attempt mediation before going through with a trial.
If you are the victim of medication error, you likely need the advice of legal counsel. Call the experienced pharmacy error attorneys at Kennedy Hodges, L.L.P., today (888-526-7616).