The family of Jerrold Allen, inset, filed a lawsuit against H-E-B pharmacy in San Antonio after he died of a heart attack, allegedly because he could not receive blood thinner meds. (Allen: Obituary; Background: Google Maps)
The family of a 79-year-old military veteran alleges in a lawsuit that a Texas-based grocery story chain and pharmacy caused his fatal heart attack because it refused to give him his blood thinner medication.
On Dec. 7, 2023, Jerrold Allen went to a H-E-B pharmacy in San Antonio to pick up a medication prescribed by his doctor. But when he arrived pharmacists told him the prescription was filled by a mail-order pharmacy and “erroneously” told him they could not give him the medicine, the lawsuit claims. Pharmacists allegedly told him that he had to wait until the medicine arrived by mail. But four days later, on Dec. 11 — before he received the meds in the mail — Allen suffered a heart attack “caused by his not taking the lifesaving medication prescribed by his doctor,” the lawsuit said. He died Dec. 13.
Houston-based attorney Randall Sorrels said in an interview with the San Antonio Express-News the blood thinner would have prevented the clotting that led to the heart attack.
“Mr. Allen’s death was 100% preventable,” Sorrels said. “While this lawsuit may not bring him back, his family hopes no one else ever has to experience the sudden, unexpected loss of a loved one like they have had to endure. Better policies, more training and just doing their job right would have not cost Mr. Allen his life.”
Allen’s son Craig Smith filed the lawsuit on behalf of his father’s estate in San Antonio district court on May 30. The lawsuit claims that the grocer was negligent and did not provide proper medical care. H-E-B could have contacted Allen’s benefits adjudicator to “obtain an override,” offered him alternative ways to fill the prescription, provided an emergency supply and offered “counsel” about what would happen should he not take the medication, the lawsuit said.
“Due to these failures, Mr. Jerrold Allen suffered extreme pain and suffering leading to his untimely passing,” the six-page lawsuit says. “The evidence will show the Defendant breached the standard of care in its treatment of Mr. Allen.”
The family is seeking between $250,000 and $1 million.
“H-E-B Pharmacy followed applicable standard of care,” a statement released by H-E-B said. “Because this matter is in pending litigation, we cannot comment further.”
Allen’s obituary said he retired as a Major General in the United States Air Force. After graduating from the Air Force Academy in 1966, he went on to serve as a command pilot where he flew 250 combat missions during the Vietnam War. After retiring from the Air Force, he served for 12 years as the Commandant of the Virginia Tech Corps of Cadets. He and his wife moved to the San Antonio area in 2011.
“Jerry was a devoted father and eventually ‘Grandpa Jerry’, a role in which he took immense joy and pride,” the obit said.
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