News

Holtz Wins Dismissal of Pharmacy Malpractice Case

October 29, 2009

Partner Jim Holtz successfully argued a Motion for Summary Judgment resulting in the dismissal of a wrongful death lawsuit against Mr. Holtz' client, a national commercial pharmacy chain. The Plaintiffs alleged that the pharmacy improperly dispensed the medication after its systems showed a possible allergy. The Court granted Mr. Holtz' motion, agreeing that the pharmacy had no duty to second-guess the medical decision of the doctor who prescribed the medication. Rather, the court found that the pharmacy fulfilled its duty to the decedent by accurately filling the prescription as it was written by the doctor. Furthermore, the pharmacy alerted the patient to the possible sulfa allergy and the patient indicated she had previously taken the medication without issue. The Motion was granted and the suit was dismissed in its entirety.

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