Supreme Court Affirms Judgment Obtained for National Pharmacy
The South Dakota Supreme Court has unanimously affirmed a decision in favor of a national pharmacy obtained by two DEHS litigators.
The pharmacy was sued after someone who picked up a morphine prescription for a disabled individual consumed some of the pills and died of a drug overdose. The lawsuit alleged the pharmacy violated the Drug Dealer Liability Act (DDLA) by dispensing the drugs to someone other than the patient or a member of the patient’s family.
Litigators Ed Evans and Mitch Peterson obtained a judgment in favor of the pharmacy. They argued on behalf of the pharmacy that since the pharmacist legally dispensed the drug to the patient’s agent, it could not be liable under the DDLA. In its November 7 decision, the Supreme Court said there was nothing to indicate that the Legislature intended the DDLA “for any purpose other than to impose civil liability on illegal drug dealers.” As a result, it said, a pharmacy or pharmacist who dispenses a validly prescribed Schedule II drug to an authorized agent of the patient cannot be held liable under the DDLA for the agent’s consumption of the drug.
A copy of the decision is available at http://www.sdjudicial.com/opinions/downloads/y2007/24436.pdf.