Lawsuit claim: Galena woman suffered overdose following 7th Street Walmart Pharmacy error

 

A Galena, Kansas woman suffered an insulin overdose following a prescription mistake at the 7th Street Walmart Pharmacy, according to a lawsuit filed Friday in Jasper County Circuit Court.

According to the petition, the pharmacy mistakenly gave Alice Matthews twice the dosage for her prescription causing her to be hospitalized.

Matthews is represented by Patrick Martucci of the Joplin firm of Johnson, Vorhees and Martucci.

The allegations were detailed in the petition:

On or around April 23, 2026, Plaintiff, Alice Matthews, presented to WalMart Pharmacy #79 in Joplin to pick up her prescription insulin pen – Toujeo SoloStar 300/ml, which had been prescribed by her primary care physician, William Estep, DO.

Toujeo SoloStar 300/ml contains 450 units of insulin glargine and delivers doses of insulin in 1-unit increments up to a total of 80 units in a single injection.

Unbeknownst to Plaintiff, WalMart Pharmacy incorrectly filled the Toujeo SoloStar 300/ml prescription pen with the Toujeo MAX SoloStar pen. The Toujeo MAX SoloStar pen contains 900 units of insulin glargine and delivers doses in 2 unit increments up to a total of 160 units in a single injection.

Plaintiff administered herself the insulin as prescribed on the label, which label was for the Toujeo SoloStar 300/ml pen, not knowing that the actual product she was using was the Toujeo MAX SoloStar pen. Consequently, Plaintiff was unknowingly receiving approximately twice her usual dose of insulin per injection.

Plaintiff administered herself the insulin using the Toujeo MAX SoloStar pen for approximately two weeks, which ultimately put in into a hypoglycemic state.

On or about May 17, 2026, Plaintiff returned the misfilled prescription to the WalMart Pharmacy whereupon the pharmacist, Sheel Patel, acknowledged that she was returning two pens of Toujeo Max SoloStar

On May 17, 2026, Plaintiff presented to the Emergency Department at Freeman Hospital in Joplin with symptoms of low blood sugar, feeling shaky, nausea and vomiting, and an inability to keep food down.

In the Emergency Department, Plaintiff was diagnosed with nausea and vomiting secondary to hypoglycemia.

Defendant WalMart Pharmacy owned a duty of care to Plaintiff to prepare and dispense correctly prescribed medications as prescribed by Plaintiff’s physician.

Defendant WalMart Pharmacy breached their duty of care and were thereby negligent in one, more or all of the following particulars, to wit:

a. by failing to fill the prescription as ordered by Plaintiff’s treating physicians, thereby overdosing Plaintiff on insulin and putting her into a hypoglycemic state;

b. by failing to fill and label the prescription package,

c. by filling Plaintiff’s prescription for the Toujeo SoloStar 300/ml pen with the Toujeo MAX SoloStar pen and thereby causing Plaintiff to receive twice her prescribed dose of insulin; and

d. by failing to enact policies and procedures to ensure that its pharmacists properly fill and dispense medications as prescribed.

The negligence and carelessness of Defendant WalMart Pharmacy directly and proximately caused, or directly and proximately contributed to cause, Plaintiff to suffer the following complaints: stomach pain/nausea, vomiting, hypoglycemia, generalized weakness, cold and clammy diaphoresis and marked somnolence.

As a direct and proximate result of the negligence and carelessness of Defendant WalMart Pharmacy, Plaintiff has been forced to expend sums of money for medical care and therapies.

As a direct and proximate result of the negligence and carelessness of Defendant WalMart Pharmacy, Plaintiff has suffered physical and mental pain, suffering, anguish, loss of quality and enjoyment of life, and inconvenience.

WHEREFORE, Plaintiff Alice Matthews, by and through counsel, prays for judgment against Defendant WalMart Pharmacy for such sums as are fair and reasonable, together with any and all costs herein incurred and expended, and for such other and further relief as this Court may deem just and proper.

***