Skip to main content

Lawsuit Underway to Reclaim Seized Medication from Healthcare Facility

Today I drafted two legal documents in court that address an unlawful seizure of my prescription medications by a healthcare facility and a their refusal to return them upon demand. To protect my health and my access to essential medication, I am asking the court to order the medications returned.

Together, these two documents reflect both the substantive claims (the Complaint) and the urgent relief (the TRO Motion). They illustrate how the law protects patients’ rights to their own prescribed medications and provides mechanisms for courts to intervene swiftly when healthcare facilities overstep their authority.

The Complaint for Conversion, Civil Theft, and Replevin sets out the underlying facts and legal claims. It explains how facility staff entered my room without consent, removed all of my physician-prescribed medications—including testosterone crucial for my ongoing treatment—and then refused to return them despite repeated written and verbal demands.

Complaint for Conversion & Replevin (Hawthorne Healthcare Center)

The Complaint sets out how the Defendant’s conduct violates Indiana common law and statutory provisions, alleging the torts of:

  • Conversion. Wrongful dominion or control over another’s property
  • Civil Theft. Unauthorized control with intent to deprive under Indiana Code §§ 35-43-4-2 and 34-24-3-1
  • Replevin. A statutory remedy to recover possession of property unlawfully detained
These claims collectively address the unlawful taking and continued withholding of Plaintiff’s prescription medications.
The Complaint seeks not only the return of my medications, but also damages for the harm caused, including statutory treble damages and punitive damages to deter such misconduct.

Alongside the Complaint, I drafted a Motion for Temporary Restraining Order and Preliminary Injunction. This emergency motion asks the Court to act immediately to stop the ongoing harm caused by the facility’s refusal to return my medications.

Under Indiana Trial Rule 65, I must demonstrate five factors: likelihood of success, lack of an adequate remedy at law, irreparable harm, favorable balance of harms, and alignment with the public interest. The Motion shows that without prompt judicial intervention, I face serious and irreversible health consequences, while the facility has no lawful basis to continue withholding my prescriptions.