Man claims Wal-Mart's refusal to fill prescriptions caused stroke

John Suayan, Galveston Bureau Sep. 5, 2013, 2:18pm

HOUSTON - Claiming Wal-Mart's refusal to give him his medication caused him to suffer a "major life-threatening injury," a Harris County resident has pursued legal action.

Shan Kovaly initiated the litigation against Wal-Mart Stores Texas LLC and two of its employees at one of its stores in north Houston in Harris County District Court on July 25.

It was removed to the Houston Division of the Southern District of Texas on Sept. 4.

The suit shows that the plaintiff sought medical treatment for chest pains in late August 2012.

In response to his heart-related diagnosis, he was prescribed 25 mg of Lopressor, 20 mg of Pravachol, 325 mg of aspirin, 75 mg of Plavix and 10 mg of lisinopril, all of which to be taken on a daily or nightly basis.

The plaintiff went to the defendants' store to fill the prescriptions, but alleges the pharmacist and pharmacy manager on duty at the time refused his request "because of the lack of quantity noted on the scripts."

According to the suit, Kovaly was not even given a 72-hour emergency supply of the drugs, which caused him to again suffer chest pain and go in and out of the hospital in September 2012.

His most recent confinement revealed "the presence of an acute/subacute stroke in the right posterior cerebral artery distribution" originating from "a cardio-embolic source," court documents say.

A jury trial is requested.

Attorney Steven R. Davis of Davis & Davis in Houston is representing the plaintiff.

Case No. 4:13-CV-2599

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