HUNTINGTON – A Cabell County woman blames a now-shuttered pharmacy for injuries she sustained in one of its stores.
Sherri Insco-Gagnon filed her complaint April 27 in Cabell Circuit Court against Fruth Pharmacy, S&F Pharmacy Inc. doing business as Fruth Pharmacy and Fruth Inc.
According to the complaint, Insco-Gagnon was a customer at Fruth’s location at 125 7th Avenue in Huntington when she slipped and fell because of what she believes was excess water on the floor. She said Fruth staff had carelessly and negligently left the liquid on the floor of the pharmacy, causing a dangerous situation for guests.
Insco-Gagnon says she was left with serious injuries that have required medical treatment as well as other damages, including bodily injuries, physical pain and suffering, mental anguish, emotional distress, anxiety, annoyance, inconvenience, aggravation, diminution in her ability to enjoy life and limitations in her ability to perform daily activities.
She accuses the defendants of negligence for failing to properly inspect the floor of the pharmacy and retail store for hazards, for failing to clean up the site, for failing to warn shoppers of the hazard and for failing to take action to protect patrons.
Insco-Gagnon seeks compensatory damages for past and future incurred costs and medical care associated with her injuries. She also seeks punitive damages, claiming Fruth’s actions were willful, wanton and malicious. She also seeks pre- and post-judgment interests, court costs, attorney fees and other relief.
She is being represented by Miles B. Berger and Shawn R. Romano of Romano & Associates in Charleston. The case has been assigned to Circuit Judge Gregory Howard.
Last fall, Fruth announced plans to close all of its locations in West Virginia and Ohio. The company had been in business for more than 70 years.
“Pharmacies have been under attack by greedy PBMs (Pharmacy Benefit Managers) for many years,” company owner Lynne Fruth said in announcing the closure plans. “By reimbursing pharmacies less money than a medication costs, PBMs have caused the closure of thousands of pharmacies across America.
““The continued closings of pharmacies must be a wakeup call for lawmakers to hold PBMs accountable before all pharmacies disappear.”
PBMs virtually manage the drug supply chain, serving as the middleman between drug manufacturers, pharmacies, and insurance providers.
Cabell Circuit Court case number 26-C-167
