Pharmacy to face suit in death

Steven Porter, 34, died in March 2011 after taking a combination of the anti-anxiety drug Xanax and the painkiller hydrocodone, according to the court’s nine-page opinion.

Porter’s mother Karan Oleckna filed a negligence lawsuit against the pharmacy and owner Manish Patel. In the suit, she accused the pharmacy of filling at least 30 prescriptions in a two-year span, even though it should have known that the preceding prescriptions had not been depleted.

Circuit Judge William A. Parsons dismissed the case in response to a motion filed by the pharmacy that it had no duty to Porter other than filling “valid and lawful prescriptions.”

The three-judge appellate court in Daytona Beach overturned the ruling on Friday, writing “a pharmacist’s duty to use due and proper care in filling a prescription extends beyond simply following the prescribing physician’s direction.”

“A pharmacy owes a customer a duty of reasonable care,” the opinion states. “Pharmacists are required to exercise that degree of care that an ordinarily prudent pharmacist would under the same or similar circumstances.”

The court wrote it is unable to say whether Oleckna’s claims would prevail at trial. Messages left with Oleckna’s attorneys and at her home were not immediately returned Friday.

An employee at Daytona Discount Pharmacy declined comment, and a message left for the pharmacy’s lawyers was not returned.

Source Article from http://www.news-journalonline.com/article/20150207/news/150209523
Pharmacy to face suit in death
http://www.news-journalonline.com/article/20150207/news/150209523
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