An Arizona family is missing a husband and father of four after a medication mix-up in which the victim was treated for his depression with a fatal dose of methadone, a new lawsuit claims.

On Sept. 28, James "Kyle" Slade , 39, was a self-admitted patient at Copper Springs East – a mental health facility located in Gilbert, a large city and part of the sprawling Phoenix metro area.

That morning, he went to the nurse's stand for his morning medications, and was handed "a cup of pills," according to the 16-page lawsuit filed late last month in Maricopa County Court.

"Kyle swallowed them," the lawsuit reads. "It was not the antidepressant Lexapro that Kyle was supposed to receive; it was 90 milligrams of methadone."

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