Almost a year has passed since a Green River man filed a complaint against Shopko and its pharmacy, claiming they gave him the wrong prescription for six months, which caused him to have more medical problems.
On Jan. 12, 2015, a request to dismiss the case with prejudice was granted. The request was filed by Gary Alan Marlin.
Marlin filed the original lawsuit on Feb. 25, 2014, in the Third District Court against Shopko Stores Operating Co. LLC and Pamida Stores Operating Co., LLC, John Does 1-4 and Jane Does 1-4.
The John and Jane Does were employees of the defendants. Their names and addresses are not known.
According to court documents, on March 22, 2012, Marlin visited his Dr. Roger G. Pafford at Castle Rock Hospital District where he was receiving medical treatment for recurring kidney stones.
Dr. Pafford wrote Marlin a prescription for potassium citrate. Marlin then went to Shopko and Pamida to have it filled by the defendant’s employees John Doe 1 and Jane Doe 1.
For the next six months, he continued to have his prescription refilled at the pharmacy where John Doe 1-4 and Jane Doe 1-4.
On Oct. 25, 2012, Marlin went to the clinic for a visit with Charles J. Amy, P.A., for a prescription refill. On Oct. 26, 2012, he went to pick up his prescription and noticed it was not for potassium citrate, but potassium chlorate.
After checking his previous bottles, Marlin noticed they were all for potassium chlorate. He notified the Shopko pharmacy employees immediately.
He spoke with a pharmacist named Cory who told him he had been given the wrong medicine for the last six months. The pharmacist advised him that they would check with his doctor to see what side effects were caused from taking the wrong medicine.
On Oct. 27, 2012, pharmacist Cory called Marlin and said his doctor was out of the office for a month, but they spoke to Dr. Sommews who would look into the problem and get back with him.
Marlin never received a phone call from either of them again.
On Dec. 2, 2012, Marlin passed a large kidney stone while urinating. On Dec. 3, 2012, he visited with Charles Amy, P.A., and told him about the medication mix up. Lab work was done and X-rays were taken.
They found several kidney stones.
He continued to see doctors and a nephrologist. On Feb. 21, 2013, his blood tests showed he had high keratins in his liver and kidneys.
On Feb. 22, 2013, he had his blood drawn again.
On Feb. 26, 2013, Marlin received a phone call from Dr. M. Jason Penrod’s office stating his keratin levels were still high, likely from taking the wrong medication for so long.
March 18, 2013, he sought treatment from Christof Westenfelder, M.D., who told them that the kidney stones were a result of taking the wrong medicine for so long; and because he did not have the protection from the correct medication to prevent the stones.
On March, 19, 2013, Marlin had blood work done again. Dr. Westenfelder doubled Marlin’s potassium citrate after seeing the results.
Marlin claimed the defendants treatment of care was below the standard when they on March 22, 2012, gave him the wrong medication, negligently failed to recognize that he had been receiving the wrong medication for up to six months, which deprived him from protection against kidney stones and for negligently failing to follow up with the his doctor to ensure he received the necessary medical care for prolonged use of the wrong medicine.
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