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.