Saturday, March 17, 2018

High Importance! The Oklahoma Court of Civil Appeals has upheld lower court's decision dismissing four Oklahoma pharmacies from lawsuit accusing them of negligently refilling opioid prescriptions and reasoning that the learned intermediary doctrine applied to facts of case

In this case, a former firefighter sued a doctor, a physician assistant and several pharmacies, claiming their negligence contributed to his addiction to opioids.  The case is Randy L. Frantz, Jr.,Plaintiff/Appellant, vs. William M. Valuck, Michael E. Hume, Advanced Care Clinic, LLC, Dorothy June Hume, Reliable Discount Pharmacy, Inc., Twin R No. 2 Inc. dba Crest RX Pharmacy and HAC inc., dba 195 Homeland Pharmacy, Defendants, andCrest RX, LLC dba Crest RX, BFLX-15, Inc. dba Buy For Less Pharmacy No. 1006, Winegardner, Inc. dba Eric's Pharmacy and Shawnee Regional Pharmacy, Inc. dba McLoud Clinic Pharmancy, Defendants/Appellees. The Oklahoma Court of Appeals rendered its decision on March 9, 2018. Read the court of appeals decision here.

Drug Cos. Say Cherokee Opioid Suit Must Stay In Fed. Court - Law360
1 day ago - McKesson Corp. and other drug distributors and retail pharmacies urged an Oklahomafederal judge Thursday to reject the Cherokee Nation's bid to take its suit over the companies' alleged role in the opioid epidemic back to state court, saying McKesson's distribution of opioids under a federal contract means the case must ...

Another Oklahoma Tribe Sues Opioid Manufacturers, Distributors
2 days ago - A tribe in Oklahoma has filed a lawsuit accusing 26 drug manufacturers and distributors of contributing to the tribe's opioid epidemic by fraudulently misr.