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Pharmacy Law
 
Allen Trach v. Thrift Drug

Allen Trach sued Thrift Drug for negligently filling a prescription that caused Trach to go blind in 1995. The plaintiff claimed that a pharmacist's assistant at the Mountainville Shopping Center pharmacy in Allentown gave him Doxepin, a potent antidepressant, instead of an antibiotic for a sinus infection. Trach, then 47, lost sight in his right eye as a result of developing a type of glauc... More...   $2000000 (01-04-2005 - PA)

Administrative Committee of the Wal-Mart Associates Health and Welfare Plan v. Melvin Willard

Defendant-Appellant Melvin Willard appeals a judgment in favor of Plaintiff-Appellee Administrative Committee of the Wal-Mart Associates Health and Welfare Plan ("Plan Administrators"). The district court held that the relief sought by the Plan Administrators constituted "appropriate equitable relief" under § 502(a)(3) of More...   $0 (12-28-2004 - KS)

United States of America v. PolyMedica Corporation d/b/a Liberty Medical Supply and Liberty Home Pharmacy

The United States Government accused Liberty Medical Supply and Liberty Home Pharmacy of Medicare fraud in the sale and distribution of diabetes test strips to people who didn't order them and did not reimburse Medicare for returned packages. Liberty Medical Supply promotes itself as a leading national Medicare provider of home-delivered diabetes testing supplies, marketing primarily to seniors... More...   $35000000 (11-05-2004 - MA)

United States of America v. Ricky Joe Nelson.

This is an appeal from a criminal conviction for conspiracy to distribute controlled prescription drugs outside the usual course of professional practice (sale of prescription drugs over the internet) and conspiracy to engage in a monetary transaction with criminally derived property (money laundering). Defendant/appellant Ricky Joe Nelson (Nelson) is a physician who, with co-conspirators Fuc... More...   $0 (09-20-2004 - OK)

Florence R. Prescod, et al. v. AMR, Inc. dba American Airlines; British West Indies, dba BWIA

For most travelers affected by air carriers' misplacement of luggage, the inconvenience is a fleeting nuisance. In the case before us, however, the district court found that the defendant Airlines' failure to ensure that Caroline Neischer's bag remained in her possession was a substantial cause of Neischer's death nine days after the bag's confiscation, because the bag contained "a life... More...   $0 (08-20-2004 - CA)

Alexandra Gehrke, et al. v. Walgreens

Pharmacy ngligence claim by Alexandra Gehrke, age 6, and her parents relating to the misfilling Alexandra's prescription for Phenobarbital with Glipizide with resulting seizures and brain damage. Alexandra Gehrke was born prematurely in 1999 and her doctors prescribed Phenobarbital but the Walgreens pharmacy in Elgin, Illinois where her mother went to get the prescription gave her Glipizide, ... More...   $21000000 (08-12-2004 - IL)

Michael Dee, as Personal Representative of the Estate of Nicole Dee v. Wal-Mart Stores, Inc. and Roberto Morales, M.D.

Michael Dee, as Personal Representative of the Estate of Nicole Dee, deceased, appeals the dismissal of a negligence claim against Wal-Mart Stores, Inc., for failure of the amended

2

complaint to state a cause of action. The complaint alleged negligence on the part of the pharmacy at Wal-Mart in filling a prescription for Nicole Dee. We reverse. It is alleged that Nicole Dee receiv... More...   $0 (07-06-2004 - FL)

Jeffrey Justofin, et al. v. Metropolitan Life Insurance Company

The Justofins, beneficiaries under the life insurance policy of their mother Loretta K. Justofin ("Loretta"), sued Metropolitan Life Insurance Company ("MetLife") for denying a portion of death benefit proceeds. The District Court granted summary judgment in favor of MetLife by finding the amendment to the life insurance policy increasing the benefit void because of Loretta's failure t... More...   $0 (06-29-2004 - PA)

James W. Clifford, etc. v. Geritom Med, Inc., et al.

In June 1999, Doris Clifford was an 84-year-old woman in reasonably good health for a person her age. She was recovering from a cold and was experiencing some discomfort as the result of phlegm. To relieve this discomfort, her physician prescribed a decongestant, Liquibid, but her pharmacy dispensed Lithobid, a drug containing lithium and used to treat bipolar disorder. Eight days after re... More...   $0 (06-24-2004 - MN)

State of Pennsylvania, et al. v. Medco Health Solutions Inc.

Attorney General Jerry Pappert today announced that Pennsylvania and 19 other states have reached a $22.7 million settlement with the nation's largest pharmacy benefits manager (PBM), Medco Health Solutions Inc., to resolve allegations that the company switched patients to different prescription drugs but failed at times to pass the savings on to the patients or health plans.

Pappert sai... More...   $22700000 (06-09-2004 - PA)

President Riverboat Casino-Missouri, Inc. v. Missouri Gaming Commission.

President Riverboat Casino-Missouri, Inc. appeals from a $25,000 disciplinary fine imposed by the Gaming Commission. President asserts the Commission erred in determining that it violated Section 313.812.14(1) of the gaming laws by failing to comply with a St. Louis ordinance prohibiting riverboat gambling licensees from contributing money to local political candidates. We affirm, without addressi... More...   $25000 (05-28-2004 - MO)

Sheila and Leroy Holly v. Huntsville Hospital and Dr. John Markushewski

On October 6, 1997, Shelia Holly took her eleven-month-old son Cameron to the emergency room at Huntsville Hospital because he had a high fever, a high pulse rate, and trouble breathing. Dr. Markushewski, who was board-certified in family practice, was working in the emergency room when the Hollys arrived at the hospital. Dr. Markushewski treated Cameron for croup, observed him for three hour... More...   $2000000 (05-13-2004 - AL)

United States of America v. Michael Marks

On June 26, 2002, Michael Marks pleaded guilty to numerous charges arising out of his distribution of prescription drugs to acquaintances, primarily troubled teenage girls. Marks appeals his sentence, alleging that the district court improperly included drugs personally consumed by Marks in its calculation of the total amount of drugs at issue. We affirm. I. Factual and Procedural

Background... More...   $0 (04-30-2004 - ME)

John R. Billings, Licensed Outfiter, etc. v. Wyoming Board of Outfitters and Professional Guides

1 [1] In February 2002, the Wyoming Board of Outfitters and Professional Guides (Board) revoked appellant John R. Billings' (Billings) outfitter's license based on several violations of state statutes and/or the Board's rules. Billings subsequently filed a petition for review of the Board's decision, and a complaint for declaratory judgment, in the district court. Following the district co... More...   $0 (04-21-2004 - WY)

Paul Dowhal v. Smithkline Beecham Consumer Healthcare, et al.

1 Plaintiff filed this action to challenge the failure of defendants to place health warnings mandated by California's Proposition 65 on products containing nicotine sold over the counter as aids to stop smoking. The trial court granted summary judgment to defendants, ruling that in this setting the requirements of Proposition 65 were impliedly preempted by the federal Food, Drug, and Cosm... More...   $0 (04-18-2004 - CA)

Ashleigh Brenton v. Metabolife International, Inc.

Plaintiff Ashleigh Brenton filed this action against defendant Metabolife International, Inc. (MII) alleging that Brenton used Metabolife 356 (the Product), a product manufactured and marketed by MII, in accordance with the instructions provided by MII, and that she suffered a psychotic breakdown as the result of her use of the

2 Product. MII appeals the order denying its motion to stri... More...   $0 (03-05-2004 - CA)

William Taglieri, et al. v. Albert Moss, M.D.

The first issue, common to both appeals brought on behalf of Moss, is whether a physician's knowing violation of the regulations is merely evidence of professional negligence, or whether the violation establishes negligence as a matter of law. The second issue, relating only to the appeal in A-5053, is whether the physician's conduct constitutes "willful misconduct" as contemplated by the Tort ... More...   $0 (03-01-2004 - NJ)

General Electric Capital Assurance Corp., and Bank One, Texas, N.A. v. Barrie Brooks Jackson, Jr. and Milton E. Richards

Barrie Brooks Jackson, Jr., an appellee in this case, sued General Electric Capital Assurance Company (GECA), Bank One Texas, National Association (Bank One), and Milton E. Richards, alleging that GECA and Bank One wrongfully paid proceeds to Richards instead of Jackson and that Richards breached his fiduciary duty to Jackson in the management of those funds.

Jackson, GECA, and... More...   $0 (02-20-2004 - OK)

Mainstream Marketing Services, Inc., et al. v. Federal Trade Commission

The four cases consolidated in this appeal involve challenges to the national do-not-call registry, which allows individuals to register their phone numbers on a national "do-not-call list" and prohibits most commercial telemarketers from calling the numbers on that list. The primary issue in this case is whether the First Amendment prevents the government from establishing an opt-in telemarket... More...   $0 (02-18-2004 - OK)

Allan J. Norville and Kenai Plaza/Carr's-Safeway, LLC v. Carr-Gottstein Foods Co.

The question presented is whether a landlord's refusal to consent to a sublease was unreasonable. The superior court granted summary judgment in favor of the tenant on this issue. We conclude that this was error because there were genuine issues of material fact and the tenant was not entitled to judgment as a matter of law.

FACTS AND PROCEEDINGS

Allan Norville owns a shopping cent... More...   $0 (02-15-2004 - AK)

Debra L. Chandler v. Balbir Singh, M.D., John Lewis, R.PH. and Wal-Mart Stores, Inc.

Debra L. Chandler sued her physician, Balbir Singh, M.D., her pharmacist, John Lewis, R.Ph., and Lewis' employer, Wal-Mart Stores, Inc., alleging she was injured in an automobile accident caused by a seizure brought on by a medication prescribed for her by Singh and provided by Wal-Mart and Lewis. Chandler's lawsuit was dismissed by the trial court under Tex. Rev. Civ. Stat. Ann. art. 4590i, § ... More...   $0 (02-13-2004 - TX)

Deborah M. Thomas v. St. Martin's Child Care Center and Division of Employment Security.

Deborah M. Thomas (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) affirming the Appeals Tribunal's denial of unemployment benefits to her. Because we find Claimant's notice of appeal untimely, we dismiss the appeal.

A deputy of the Division of Employment Security (Division) denied Claimant's application for unemployment benefits, concluding that ... More...   $0 (02-13-2004 - MO)

JUANITA SULLIVAN, Indiv. and as Special Adm'r of the Estate of Burns Sullivan, Deceased v. EDWARD HOSPITAL et al.

Plaintiff, Juanita Sullivan, individually and as special administrator of the estate of Burns Sullivan (Burns), brought a medical malpractice action in the circuit court of Du Page County. Plaintiff named as defendants Edward Hospital (the hospital) and Dr. Amelia Conte-Russian. Plaintiff claimed that the hospital, through one of its nurses, and Dr. Conte-Russian were negligent in the care and ... More...   $0 (02-11-2004 - IL)

AMERICAN ECONOMY INSURANCE COMPANY v. BOGDAHN

1 Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1611, the United States Court of Appeals for the Tenth Circuit on its own motion certified the following question of Oklahoma law:

Whether Blake Bogdahn was a person insured under the uninsured motorist provisions of the American Economy policy issued to Hillcrest Pharmacy, Inc. as the named insured? More...   $0 (02-10-2004 - OK)

Teresa Johnson v. Missouri Board of Nursing Administrators

Appellant Teresa Johnson ("Johnson") appeals a judgment of the Circuit Court of Cole County upholding the decision of the Administrative Hearing Commission ("AHC") that Johnson's license to practice as a professional nursing home administrator in Missouri was subject to discipline by the Missouri Board of Nursing Home Administrators (" Board") and upholding the order of the Board revoking Johns... More...   $0 (01-30-2004 - MO)

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