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Family of San Antonio man files wrongful death lawsuit against local H-E-B pharmacy

The lawsuit accuses H-E-B of negligence and failing to give the man his “life-saving” medication, resulting in his untimely death.

SAN ANTONIO — The son of a San Antonio man has filed a wrongful death lawsuit against a far-west-side H-E-B pharmacy, claiming his father died of a heart attack due to “medical negligence” from the company.

The lawsuit claims 79-year-old Jerrold Allen visited the H-E-B pharmacy at 14325 Potranco Road on Dec. 7, 2023, to pick up blood-thinner medication sent by his doctor. According to the lawsuit, Allen was “erroneously informed” that H-E-B could not dispense the medication, and that he was advised to go home and wait for his prescription to arrive by mail.

Days later, on Dec. 11, Allen suffered a heart attack that the lawsuit claims was caused by not taking his “life-saving” medication he tried to pick up at the H-E-B pharmacy. Allen passed away two days later.

The lawsuit, filed May 30 by Houston-based Sorrels Law, claims H-E-B was “negligent in its care and treatment” of Allen ultimately resulting in his death.

"H-E-B committed negligence by failing to act as a reasonable health care provider should have acted under the same or similar circumstances, despite having a duty to do so," the lawsuit states. 

Allen’s family is seeking a minimum of $250,000 for damages including medical expenses, physical and mental anguish, and funeral expenses.

In a statement to KENS 5, H-E-B officials said only that the pharmacy "followed applicable standard of care."

"Because this matter is in pending litigation, we cannot comment further," the company went on to say. 

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