ALBANY, Ga. (CN) - Wal-Mart killed a woman's husband by refusing to fill his "vital" prescription for an undisclosed reason, and refusing to return it so he could get it filled elsewhere, the widow claims in Federal Court.
Rosie McGhee claims pharmacists at the Wal-Mart in Cordele, Ga. told her late husband Marvin that his prescription "could not be filled but an explanation was not given as to why."
She says that she, Marvin and their children "repeatedly inquired as to the status of the prescription" through Nov. 7.
"Following a reasonable period of time after first attempting to fill the prescription on November 4, 2010, the now deceased demanded his prescription back to have it filed elsewhere," the complaint states.
But despite knowing "the immediacy of the now-deceased needing a filled prescription," the Wal-Mart pharmacists "refused to relinquish the necessary prescription allowing the now deceased to have it filled elsewhere," the complaint states.
McGhee says, "Wal-Mart failed to inform the now-deceased that the issue complicating the filling of the prescription was one of computerized payment and that the now-deceased, or his immediate family, could have purchased his medication at a normal price."
The widow says that her husband "did not receive his filled prescription until November 8, 2010, four days after first seeking the services of the defendant's pharmacy."
"As a foreseeable and proximate result of living without his medication, Marvin McGhee collapsed in his home on November 8, 2010 requiring immediate medical assistance and hospitalization," the complaint states.
Marvin died on March 20, 2011.
Rose McGhee seeks damages for negligence, malpractice of pharmacists, liability and wrongful death.
She is represented by J.W. Dozier, of Macon.
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