LEHI, Utah (ABC4) A Saratoga Springs family has hit a milestone in their ongoing legal battle over a dangerous prescription that killed a beloved member.

Steven Jensen, 40, was found dead at his home in Saratoga Springs on Feb. 1, 2019, after taking a deadly combination of medications. An autopsy showed his death was caused by oxycodone and clonazepam toxicity.

A 2021 lawsuit alleges Steven Jensen’s death could have been prevented. (Courtesy//Christopher Higley)

Days before his death, Jensen’s doctor prescribed a new medication plan which, the 2021 lawsuit claims, ultimately killed him.

“It’s been devastating on his wife, his four kids, his parents, and on a number of friends that were close to him,” Christopher Higley, an attorney for the Jensen family, told ABC4.com Tuesday in an exclusive interview.

A deadly prescription

“Steven Jensen should be alive today,” Higley said. “The reason he’s not [alive] is because there were serious mistakes by a provider and by a pharmacy.”

Jensen, a husband and father of four, suffered from Chronic Regional Pain Syndrome (CRPS) in both feet. To treat the condition, he took prescription oxycodone.

According to the lawsuit, Jensen began experiencing intense anxiety in November 2018, causing impaired liver and kidney function. Months later, he visited Dr. Michael Cosgrave with Premier Family Medical, who prescribed clonazepam to treat the anxiety.

According to the FDA, clonazepam is known to create a major interaction when taken with oxycodone. The combination is known to have serious side effects. Despite the risks, Walgreens filled the prescription.

Premier Family Medical confirmed to ABC4.com that Dr. Cosgrave retired over a year ago. However, attorneys representing Dr. Cosgrave and Premier Family Medical did not respond to requests for comment.

Supreme Court opinion

“If there’s a patient-specific risk, you need to inform the patient and have an informed discussion with that patient about the risk,” Higley told ABC4.com.

Since filing the suit in 2021, the Jensen family has had a long legal battle with Walgreens, Premier Family Medicine, and Dr. Cosgrave. Walgreens, for one, has claimed a pharmacy does not have responsibility to review the safety of prescribed medication.

The question of a pharmacist’s duty to review was appealed to the Utah Supreme Court who ruled in favor of the Jensen family.

“It’s clear now that a pharmacist has a duty when dispensing a medication, to review the medication, to make sure that it’s safe for the patient,” Higley said. “Whether that duty was breeched… is in dispute and will be resolved at trial.”

Walgreens declined ABC4.com’s request for comment.

Remembering Steven and moving forward

Now, the case is back in district court. On Tuesday, Oct. 8, the Jensen family’s attorneys filed a request for a scheduling conference to set the case for trial.

Higley says the case still has a way to go for the Jensen family. “What we’re hoping for is to get justice for Steven Jensen and his heirs.”

Despite a years-long court battle, family members and friends remember Jensen’s legacy.

“The night before he passed, he was coaching his son’s Jr. Jazz team,” Higley told ABC4.com. “Steven was an exceptional person.”

The claims listed are allegations only. The decision of the court is pending further litigation.