James Danz, 43, of Elgin, filed suit against Meijer and a pharmacist Feb. 14 alleging that a pharmacist gave him a prescription for metoprolol tartrate – which is used to treat heart attacks – instead of metoprolol succinate – which is used to treat heart failure, according to the lawsuit.
Danz is seeking more than $700,000 in damages and a jury trial, alleging that the wrong medication resulted in Danz having “pain and suffering, physical and emotional trauma, hospitalization, as well as pecuniary damages including but not limited to medical expenses."
Danz was placed on a heart monitor and missed three weeks of work as a result of being on the wrong medication, his lawsuit alleged.
In its March 18 motion to dismiss one of six counts in the Danz lawsuit, Meijer attorneys argued that Danz’s symptoms are common side effects from other medications and that he failed to show how his injuries were under Meijer’s exclusive control.
“Plaintiff specifically alleges that he ‘suffered medical and psychological injuries’ as a result of the defendants’ alleged negligence,” Meijer’s motion to dismiss stated.
“Plaintiff fails to consider that his alleged injuries could have occurred absent of any alleged negligence on the part of the defendants,” Meijer’s motion to dismiss stated. “Plaintiff could have experienced, and likely did experience, the alleged anxiety and tachycardia separate and apart from any alleged negligence on the part of the defendants.”
Danz, a father of five, is an assistant coach for the Geneva Cyclones hockey team, which skates at the Fox Valley Ice Arena in Geneva.
Danz's attorney, Patrick Walsh, said even if that count is dismissed, the rest of the case will continue.
"It's like taking a flower off a birthday cake. The cake is still there and there will still be a spot for candles," Walsh said of Meijer's filing.
"The instrument of negligence was solely in their possession because the medicine bottle was solely in their possession," Walsh said. "We still have the negligent count because they filled the prescription bottle incorrectly."
The case is scheduled for a May 1 court date.