Man alleges Wal-Mart pharmacy dispensed wrong medication

Kelly Holleran May 6, 2010, 6:00am

A Jasper County resident claims he required hospitalization after a Wal-Mart pharmacy gave him another patient's medication.

Emile Joseph Nini filed a lawsuit April 30 in Jefferson County District Court against Wal-Mart Stores Texas, Wal-Mart Pharmacy and pharmacist Cindy Lee Carranza.

The 77-year-old Nini claims Carranza, a pharmacist at Wal-Mart, gave him another patient's medication on March 25, 2008.

"Plaintiff took the medication and became ill, requiring hospitalization and causing Plaintiff to suffer bodily injury," the suit states.

Because of the incident, Nini incurred medical costs for his injuries, experienced physical pain and suffering and sustained mental anguish and physical impairment, according to the complaint.

He blames the defendants for causing his injuries, saying they negligently failed to properly dispense prescription medication, failed to adhere to policies designed to prevent accidental dispensing of medication to the wrong patient, failed to notify him when they discovered he had another patient's medication, failed to properly communicate necessary information to him, failed to provide the same care and treatment that a reasonable pharmacy would have and failed to employ appropriate policies and procedures with regard to the dispensing of medicine.

In his complaint, Nini seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus pre- and post-judgment interest, costs and other relief to which he may be entitled.

B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont will be representing him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B186-771.

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