Hollander Law Firm Wins Appeal in Medical Negligence Case What is Pharmacy’s Duty to its Customer

BOCA RATON, Fla. - March 24, 2015 - PRLog -- Contact
Gregg Hollander, Hollander Law Firm
(561) 347-7770
ghollander@hollanderlawfirm.com
Kim Sailer, BARD Marketing
ksailer@bardmarketing.com

The Hollander Law Firm Wins Appeal in Medical Negligence Case
What is Pharmacy’s Duty to its Customers?

Boca Raton, FL – Attorney Gregg Hollander of The Hollander Law Firm and co-counsel Philip M. Burlington of Burlington & Rockenbach, P.A., recently won an appeal in the Fifth District Court of Appeal on case of medical negligence and wrongful death regarding a pharmacy’s duty to its customers.

Our client’s adult son, now deceased, was being treated in 2009 by a doctor for a “stress syndrome” and was prescribed Xanax (Alprazolam) and Hydrocodone/Acetaminophen or Oxycodone/Acetaminophen. She alleged that the pharmacy filled at least thirty of these prescriptions, all written by the same doctor, without question, even though the prescriptions were issued too closely in time and days before he should have exhausted the preceding prescription. In March 2011, her son died due to combined drug intoxication of Alprazolam and Hydrocodone.

His mother, personal representative, sued both the doctor and Daytona Discount Pharmacy for negligence on behalf of the estate. We alleged that Daytona Discount Pharmacy owed our client’s son various duties, including using due and proper care in filling and dispensing the prescriptions; exercising the same level of care and skill as a reasonably prudent and similarly situated pharmacist; not dispensing or filling prescriptions that were unreasonable on their face or in light of the circumstances; warning of the dangers; complying with the pharmacy’s own policies and procedures and relevant statutes and regulations; and not subjecting our client’s son to unreasonable risk of harm.

The doctor settled, but the pharmacy did not. Daytona Discount Pharmacy filed a motion to dismiss, arguing that there was no duty to our client’s son other than properly filling his valid lawful prescription. The lower court granted the motion to dismiss.

The case was appealed to Florida’s Fifth District Court of Appeal in Volusia County. After reviewing the briefs submitted and hearing oral argument from both sides, the Fifth DCA reversed and remanded the case on February 6, 2015. The Honorable Richard B. Orfinger concluded that the trial court erred in dismissing the negligence claims against Pharmacy, writing, “While we cannot say whether Oleckna’s claims will survive a summary judgment motion or prevail at trial, we are unwilling to hold, as a matter of law, that Pharmacy was not negligent in filling the prescriptions.” Judge Wendy Berger and Judge Brian Lambert concurred.

“We are pleased with the Fifth DCA’s Ruling,” said family attorney, Gregg Hollander. “Pharmacies owe their customers a duty of reasonable care which extends beyond accurately and properly filling any lawful prescription presented.”

For a copy of the ruling visit: http://www.hollanderlawfirm.com/wp-content/uploads/5D13-3...

The Hollander Law firm is headquartered in Boca Raton, Florida, at 7000 W. Palmetto Park Road, Suite 500. The firm also has offices in Naples and Fort Myers. The attorney can be contacted at (561) 347-7770. Additional information about The Hollander Law Firm may be obtained from the firm's website at www.hollanderlawfirm.com or connect with Gregg Hollander on LinkedIn at www.linkedin.com/pub/gregg-hollander/25/4a9/6a7/en.