A Kailua doctor and a drug store are both the targets of a lawsuit after a woman died from a deadly overdose.
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On July 31, 2012, 32-year-old Andrea Benedi-Wells was pronounced dead in her home, leaving behind her husband and two young children. The medical examiner ruled the cause of death a combined toxic effect of tramadol and fentanyl.
According to a lawsuit filed Monday, Kailua doctor Jason Florimonte prescribed fentanyl patch to Benedi-Wells for her back pain. The suit alleges Benedi-Wells was prescribed triple what a beginning dosage should be and it claims drug warnings were disregarded.
"This drug very clearly stated in both the FDA warnings and manufacturer's warning not to be administered to somebody who has not been very recently on opioids or narcotic drugs. She was not," said Attorney Richard Friend who represents the Wells family.
Also named in the suit are Longs Drugs and a pharmacist who filled the prescription.
Fried showed a Fentanyl prescription and Benedi-Wells prescription, which he says shows the drugs warning covered by the Longs label. Fried also said Longs Drugs and the pharmacist involved knew or should have known Benedi-Wells prescription history.
Benedi-Wells widower Daniel Wells now lives with his children in California.
The suit seeks undetermined general and special damages.
Jeffrey Portnoy, attorney for Florimonte, told KITV there was little he could comment on at this time. He did say that there are serious issues regarding what combinations of medications Benedi-Wells was taking in the days prior to her death and who prescribed them.
KITV has not heard back from CVS, owners of Longs Drugs, for comment.