The family of a 21-year-old man filed a Circuit Court lawsuit yesterday alleging that he died of a methadone overdose after he was prescribed the drug by a Honolulu doctor.

The suit by the relatives of Frank Dan is against Barry Odegaard, who faces a federal trial later this year on criminal charges that he illegally prescribed drugs that led to the deaths of Dan and another man.

Odegaard could not be reached for comment yesterday, but he has pleaded not guilty to the federal charges of prescribing drugs for nonmedical reasons.

His criminal defense attorney Birney Bervar earlier said the two men died for reasons unrelated to the way Odegaard treated them.

Bervar said the drugs were dispensed as part of his client's legitimate medical practice.

The lawsuit asks for an unspecified amount of damages.

It is also against Dr. Robert Shaw and Straub Clinic and Hospital.

Dan, a student at the University of Hawai'i-Manoa, died July 23, 2004, after Odegaard gave him a prescription of methadone at his first and only appointment with the doctor, according to the suit.

Shaw and Straub Clinic had been earlier treating Dan who had been struggling with "addiction problems" for several years, but Dan became addicted on narcotic medication, the suit said.

In June 2004, Dan was referred to Odegaard who later prescribed the methadone, according to the suit.

Shaw yesterday said he was referring the lawsuit to his lawyer. Straub Clinic did not have any immediate comment on the suit, said Claire Tong, Straub Clinic public relations director.

James Ledgerwood Jr., a 38-year-old Hawai'i Kai resident who died in May 2003, is the other man who was prescribed pain medication by Odegaard, according to the federal criminal charges.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.