Every year, millions of Americans fill prescriptions with their local pharmacies. Whenever someone visits a pharmacy, they place their trust in the pharmacy to deliver them the right medication in the right dosage before its expiration date. If any of these requirements are not met then the person taking the medicine faces incredibly dangerous health and safety risks. Additionally, the pharmacy could face serious repercussions.

Carl Oyler, husband of Joyce Oyler, and their two children filed the civil lawsuit alleging Hy-Vee delivered the wrong prescription and that the drug led to his wife’s death in 2013.

Joyce Oyler was a patient at Heartland Regional Medical Center because of a fluid buildup in her lungs. The buildup was successfully dealt with and Joyce was given eight total prescriptions to help with her recovery. One of her prescriptions was a diuretic Metolazone. However, this was mistakenly recorded as the cancer drug Methotraxate.

The lawsuit alleges Joyce Oyler took her medications according to the instructions Hy-Vee wrote, which included a “daily” dosage. The cancer drug can be dangerous even if only taken once per week.

“Hy-Vee had a duty to use that degree of skill, care, learning and judgement ordinarily used under the same or similar circumstances by members of their profession,” the lawsuit states.

The lawsuit seeks to understand why no one verified with the appropriate physician and discharge nurse that a cancer drug was being given to a non-cancer patient.

The lawsuit seeks $25,000 plus other compensation, which, if a jury agrees, could be in six figures or more. In taking the case to trial, Hy-Vee has denied the allegations.