Michelle Keahey Apr. 19, 2013, 10:32am

NEW ORLEANS - Allen S. West Jr. and Anne West Hummel of Florida filed suit against Dr. Mark J. Dedinsky and Louisiana Medical Mutual Insurance Co. on April 8 in federal court in New Orleans over their son's overdose death.

The plaintiffs are the parents of the late Allen S. West, III.

According to the lawsuit, West accidentally overdosed on methadone on Sept. 14, 2010. Paramedics were called and administered Narcan to West who was then transported to Tulane University Hospital emergency room. At the hospital, West was examined by Dedinksy and discharged approximately three hours after he was administered the Narcan.

According to the lawsuit, West went home and his roommate observed that he was having difficulty standing and communicating.  West was left to fall asleep on the couch, where his roommate found him not breathing a few hours later. Resuscitation efforts were not successful. The autopsy listed West’s cause of death as multiple drug intoxication.

Dedinksy is accused of breaching the standard of care by discharging West from the emergency room approximately three hours after the administration of Narcan.

The plaintiffs argue that their son should have been admitted to the hospital and, if he had, respiratory distress would have been recognized and appropriately treated, which could have saved their son’s life.

The lawsuit is seeking an award of survival damages and wrongful death damages, court costs, and interest.

The plaintiffs are represented by David A. Abramson of Lewis, Kullman, Sterbcow & Abramson in New Orleans. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:13-cv-00640

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