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Wrong prescription update: Walmart seeking to dismiss wrongful death lawsuit for failure to provide evidence of its liability


Scott M. Simon | Peirce & Associates
HARRISBURG – Walmart is seeking to dismiss litigation between itself, a woman who alleged it committed a pharmaceutical packaging error which allegedly led her husband to take the wrong medicine and pass away in 2017 and the medicine’s manufacturer.
Cindy M. Orner first filed suit on behalf of the Estate of Raymond J. Orner Jr. in the Franklin County Court of Common Pleas on Feb. 26, 2020 and Walmart removed the case to the U.S. District Court for the Middle District of Pennsylvania on March 16.
Cindy claimed that a misprint on Walmart medicine resulted in Raymond’s death. After having stents installed in his right coronary artery, left internal carotid artery, and his right internal iliac artery over the prior four years, Raymond was taking platelet inhibitor medication Clopidogrel (a.k.a. Plavix) starting in April 2017. ....

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