Houston, Texas: A Houston family has filed a wrongful death lawsuit after a 92-year-old man allegedly died following a prescription mix-up that left him taking the wrong medication for nearly 10 weeks.
The lawsuit says Joseph Hamilton Broussard died on June 7, 2025, after he was mistakenly given pioglitazone, a diabetes drug commonly sold under the brand name Actos, even though he was not prescribed that medication. His daughter claims the pharmacy’s mistake caused a serious decline in his health and ultimately contributed to his death.
According to the complaint filed Wednesday in Harris County District Court, Broussard received the incorrect prescription on August 8, 2024. The bottle allegedly contained pioglitazone intended for another patient.
The lawsuit states Broussard took one pill daily for 66 days, following the directions on the label, unaware that the medication was not meant for him.
A physician specializing in emergency medicine and toxicology submitted an expert report to the court. The report argues that standard pharmacy safety steps could have prevented the error, including confirming the patient’s name on the prescription bottle before handing it out.
The lawsuit highlights that Broussard already faced multiple serious health issues. He reportedly had type 2 diabetes, heart failure, high blood pressure, high cholesterol, and atrial fibrillation. He also had a pacemaker and had previously undergone a partial kidney removal during cancer treatment.
Because of these conditions, the lawsuit claims Broussard was especially vulnerable to complications from medication errors.
After taking the wrong medication, Broussard’s health reportedly worsened. Court documents say he was hospitalized in October 2024 for fluid retention and a congestive heart failure exacerbation.
He later returned to the hospital after developing pneumonia, and the complaint says his condition continued to deteriorate over the following months.
The expert report referenced in the lawsuit notes that pioglitazone can worsen heart failure by causing fluid retention, especially in patients with existing heart problems.
The complaint names Mercury Drive Pharmacy, described as a member of the Health Mart network, which is tied to distributor McKesson. The lawsuit accuses the pharmacy of negligence and failing to meet basic standards of care.
The family is seeking general, special, and exemplary damages, including compensation for medical expenses, funeral costs, emotional suffering, and punitive damages meant to prevent similar incidents in the future.
The report said a McKesson spokesperson did not respond to a request for comment, and the pharmacy owner could not be reached.
(Rh/ARC)
