Fatal Pharmacy Error Claims Life of Texas Senior in Wrongful Death Case
A 92-year-old Texas man tragically died after his long-standing pharmacy mistakenly dispensed another patient's prescription medication to him, according to a wrongful death lawsuit exclusively obtained by The Independent. Joseph Hamilton Broussard, a Houston resident with multiple chronic health conditions, took the incorrect pills as directed for 66 days before his health deteriorated fatally.
Systematic Failure in Medication Verification
The lawsuit, filed by Broussard's daughter in Harris County District Court, alleges that Mercury Drive Pharmacy committed "negligence and breaches in the standard of care" by failing to perform basic verification checks. An expert medical opinion submitted to the court by emergency medicine and toxicology specialist Dr. Jonathan David de Olano states that the pharmacy neglected "one of the most fundamental checks" in healthcare: ensuring the name on the pill bottle matches the patient receiving the medication.
"There are several steps that the standard of care requires to ensure a patient does not receive a medication intended for another patient," the expert opinion reads. "However, one of the most fundamental checks is to ensure before a medication is given or delivered to a patient that the name on the pill bottle matches the name of the patient it is being given to."
Chronology of a Preventable Tragedy
According to court documents, Broussard received a bottle containing 90 tablets of pioglitazone (sold under brand name Actos) at his Houston home on August 8, 2024. The medication, intended for diabetes management, arrived through Mercury Drive Pharmacy's mail-order service, which Broussard regularly used for prescription refills.
Despite following instructions precisely by taking one pill daily, Broussard had never been prescribed pioglitazone. The 92-year-old, who lived with type 2 diabetes, high blood pressure, high cholesterol, atrial fibrillation, congestive heart failure, and had previously undergone partial kidney removal during cancer treatment, began experiencing severe health complications.
In October 2024, Broussard presented at a Houston-area hospital with shortness of breath and swollen ankles. Medical professionals diagnosed him with worsening congestive heart failure exacerbated by fluid retention, administering IV diuretics and keeping him under observation for two days. Several months later, following a pneumonia bout, Broussard was hospitalized again with "congestive heart failure exacerbation" for an entire week.
Medical Analysis Confirms Direct Causation
Dr. de Olano's expert analysis confirms that pioglitazone directly contributed to Broussard's decline and eventual death on June 7, 2025. The medication promotes fluid retention and can "trigger or worsen heart failure, particularly in individuals with pre-existing congestive heart failure, such as Mr. Broussard."
"Had Mr. Broussard not received this medication, it is more likely than not he would not have had an exacerbation of congestive heart failure or required hospitalization that he did," de Olano wrote. The physician emphasized that "even in those with less severe cardiac dysfunction, careful monitoring is essential because volume overload may develop gradually and produce significant clinical consequences."
Of the original 90 pioglitazone tablets, 24 remained in the bottle at the time of Broussard's death, indicating he had consumed 66 doses of the incorrect medication.
Pharmacy Network and Legal Response
Mercury Drive Pharmacy operates as part of Health Mart, a nationwide network of independent pharmacies owned by pharmaceutical distributor McKesson. Despite multiple attempts to contact the pharmacy and its owner James Muldrow for comment, neither responded to requests. A McKesson spokesperson similarly did not address the allegations.
The lawsuit alleges Mercury Drive Pharmacy acted with "conscious indifference to Broussard's rights, safety, health and welfare." Broussard's daughter seeks general, special, and exemplary damages for her father's "conscious physical pain and emotional pain, torment, and suffering," along with compensation for medical expenses, hospital care, funeral costs, and punitive damages "in an amount sufficient to punish and deter such conduct in the future."
Broader Context of Medication Errors
This case emerges within a concerning pattern of fatal pharmacy errors across the United States. In 2019, a transcription error led to a patient receiving methotrexate (a cancer drug) instead of metolazone (a diuretic), resulting in death. Last year, a 58-year-old auto mechanic died after an in-house pharmacist prescribed a lethal dose of pain medication.
"It is foreseeable to all healthcare providers, including a pharmacy and its employees and staff, that failure to meet the standard of care described above can result in serious injuries or even death," Dr. de Olano's document states. "That is why it is my opinion that the negligence and breaches in the standard of care identified by this report were a proximate cause of Mr. Broussard's resulting injuries."
Attorneys John Brothers and Nicolas Verchere, representing Broussard's daughter, have not responded to requests for comment regarding the ongoing litigation.
