Daytona Beach pharmacist to face suit after patient death

Karen Oleckna, a representative of the estate of Steven Porter, filed a lawsuit against Daytona Discount Pharmacy and pharmacy owner Manish Patel.

The lawsuit alleged that the pharmacist filled at least 30 prescriptions of the powerful drugs without question, though the prescriptions were too close together in time. Xanax is an anti-anxiety drug, while hydrocodone is a painkiller.

A Volusia County circuit judge dismissed the case, siding with the pharmacist who argued that “there was no duty to Mr. Porter other than properly filling his valid and lawful prescriptions,” which were written by a physician, according to Friday’s ruling by the 5th District Court of Appeal.

A three-judge panel of the appeals court reversed the circuit court decision, allowing the negligence suit to move forward. “We … hold that a pharmacist’s duty to use due and proper care in filling a prescription extends beyond simply following the prescribing physician’s directions,” said the nine-page ruling, written by appeals-court Judge Richard Orfinger and joined by judges Wendy Berger and Brian Lambert. “In the (Porter) case, accepting the allegations of the amended complaint as true, (the) pharmacy filled, without question, numerous prescriptions that were so close together that (the) pharmacy should have been put on notice that Mr. Porter was getting too many pills within too short a period.”

Source Article from http://www.news-journalonline.com/article/20150206/news/150209602
Daytona Beach pharmacist to face suit after patient death
http://www.news-journalonline.com/article/20150206/news/150209602
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