Drugstore, pharmacist sued over 2012 death

The husband of a woman who died after taking a powerful painkiller is suing Longs Drugs and the pharmacist who filled the prescription.

Andrea Benedi-Wells, 32, died July 31, 2012. She left behind a husband, 3-year-old son and soon-to-be 1-year-old daughter.

The Honolulu medical examiner says Benedi-Wells died from the combined toxic effects of Tramadol and Fentanyl, two synthetic narcotic painkillers.

Benedi-Wells’ widower, Daniel Wells, a military service member formerly assigned to Marine Corps Base Hawaii, sued Kailua Dr. Jason M. Florimonte, the doctor who prescribed the Fentanyl, in Circuit Court last December for medical malpractice.

On Monday he added Longs and pharmacist Catherine S. Lau to the lawsuit.

Wells’ lawyer, Rick Fried, said Longs and Lau should have recognized that the Fentanyl dosage Florimonte prescribed was three times the starting strength and that the drug is intended only for patients who are already using narcotic painkillers and have developed a tolerance to them.

"This drug, very clearly as stated in both the FDA warnings and the manufacturers warnings, is not to be administered to somebody who has not been very recently on opioid or narcotic drugs," Fried said. "She was not."

He said the Longs Drugs Kailua store had been filling Benedi-Wells’ prescriptions for back pain and other ailments since April 2012.

A Fentanyl patch with the lowest dosage has 25 micrograms of the drug. Fried said Florimonte prescribed Fentanyl patches containing 75 micrograms.

In addition, he said the pharmacy covered the manufacturer warning on the drug’s packaging that cautioned improper use could lead to breathing trouble and death.

CVS, which owns Longs Drugs stores in Hawaii, did not respond to requests for comment.

Florimonte’s lawyer, Jeff Portnoy, said the lawsuit has a long way to go and that there are a lot of unanswered questions. He said Florimonte has been prescribing Fentanyl to patients for a long time without incident.

He also said Benedi-Wells had been taking multiple medications, both prescription and over-the-counter, for a long time.

Wells’ lawsuit lists five other drugs Florimonte prescribed his wife for anxiety, depression and nerve pain, and for muscle relaxation.