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Pharmacy Law
MCI Express, Inc., et al. v. Ford Motor Co. and Ford Motor Credit Co.

MCI, a company in the long-haul trucking business, leased forty-six Aeromax A-95 trucks from Ford. The trucks consistently suffered from driveline and vibration problems. MCI reported driveline failures in twenty-one of their trucks, as well as other problems allegedly caused by the vibrations (such as cracks in the windshields, tire wear, etc.). MCI sued Ford and Ford Credit for breach of e... More...   $0 (10-01-2002 - FL)

Willard A. Johnson v. Entergy Corporation, et al.

This suit arises out of an accident in which plaintiff, Willard A. Johnson, allegedly sustained injuries when his automobile struck a utility pole on Sam Gregory Road in Caldwell Parish. Plaintiff filed suit against defendants, the Caldwell Parish Police Jury ("CPPJ") and Entergy Corporation, the owner of the utility pole. Entergy moved for and was granted a summary judgment. It is from this ju... More...   $0 (09-20-2002 - LA)

Eileen Crowley v. L.L. Bean, Inc.

This matter comes on before this court on defendant-appellant L.L. Bean's appeal from the district court's order entered November 8, 2001, denying its motion for judgment as a matter of law or, in the alternative, for a new trial. For the reasons stated herein, we affirm the order of the district court and uphold the jury verdict in favor of plaintiff-appellee Eileen Crowley.

I. BACKGROUND ... More...   $215000 (09-19-2002 - ME)

Tomm's Redemption, Inc. v. Park

This case poses the question of how long a party to an illicit contract can wait before asking a court to declare the contract void and unenforceable.

Defendant Jae Park, d/b/a Royal Billiards, appeals from a circuit court judgment granting a motion by plaintiff Tomm's Redemption, Inc., to dismiss defendant's petition to vacate a default judgment. The default judgment was entered on plai... More...   $0 (09-18-2002 - IL)

Jane Doe v. Santosh P. Chand, M.D., et al.

The plaintiff, Jane Doe, filed a multicount complaint in the circuit court of St. Clair County against Dr. Santosh P. Chand and Dr. Santosh P. Chand, M.D., Ltd. (defendants), alleging, inter alia, a violation of the AIDS Confidentiality Act (ACA) (410 ILCS 305/1 et seq. (West 1998)).

Doe testified that in February 1999 she learned that her husband had tested positive for the human immunodef... More...   $900000 (09-10-2002 - IL)

Giovani Carandola, et al. v. George Bason, et al.

In this case, the North Carolina Alcoholic Beverage Control Commission (the Commission) appeals from the district court’s order preliminarily enjoining it from enforcing certain state restrictions on nudity and other conduct, pending the outcome of a trial. For the reasons stated herein, we affirm in part and vacate in part.


Giovani Carandola, Ltd. operates Christie’s Ca... More...   $0 (09-03-2002 - NC)

Three River Telco v. TSFL Holding Corp.

Three River Telco (“Three River”) is a rural cooperative that provides local telephone service in northern Nebraska. In 1996, to induce Three River to purchase a new switching system, American Digital Switching, Inc. (“ADS”) promised to repurchase the switch if Three River was dissatisfied with it. That promise was guaranteed by ADS’s parent corporation, Symetrics... More...   $0 (08-22-2002 - NE)

Ser Weirton Medical Ctr., et al. v. Mazzone, et al.

On March 13, 2000, around 3:00 p.m., Paul Vilga was transported by ambulance to the Weirton Medical Center with complaints of abdominal pain and a possible seizure following a tooth extraction. Upon arrival at the hospital, Mr. Vilga was treated by Dr. Lawrence Callahan who made a diagnosis of malignant hyperthermia. (See footnote 1) After being informed by the hospital pharmacy that Dantrolene... More...   $0 (08-08-2002 - WV)

HealthONE d/b/a Aurora Presbyterian Hospital; COPIC Insurance Company; and Gary Arthurogin, M.D., v. Robert Rodriguez, et al.

In October 1990, Rodriguez's left index finger was amputated as a result of a work-related accident. Because of the amputation, Rodriguez suffered from Reflex Sympathetic Dystrophy (RSD), a chronic pain syndrome, in his left arm. To alleviate his discomfort, Rodriguez received nerve block treatments at HealthONE. Beginning in 1991, Dr. Malcolm Barton, an anesthesiologist at HealthONE, bega... More...   $0 (08-05-2002 - CO)

Sondra McCurry, et al. v. Adventist Health System/Sunbelt, Inc. a/k/a Takoma Adventist Hospital, et al.

This case began as a wrongful death action, but has detoured into a procedural thicket. It was commenced on August 31, 1998 by Plaintiff/Appellee Sondra McCurry, who alleged that her son, Frank E. Turner, died as a result of the negligence of the Defendant/Appellant hospital, medical group, and physicians. McCurry alleged in her complaint that the case fell within the federal courts' diversity jur... More...   $0 (08-02-2002 - TN)

Charlotte Newman and Jon Deal v. Rite Aid Corporation

Pharmacy negligence - incorrectly filled prescription caused congestive heart failure and death.... More...   $850000 (07-26-2002 - AL)

Stephen C. Orr v. Wal-Mart Stores

Stephen Orr (Orr) filed a law suit against Wal-Mart Stores, Inc. (Wal-Mart) alleging violations of the Americans with Disabilities Act (ADA) and the Nebraska Fair Employment Practices Act (NFEPA). Concluding Orr failed to show he was disabled under either the ADA or the NFEPA, the district court 1 granted summary judgment in favor of Wal-Mart. Orr appeals. We affirm.


Stephen ... More...   $0 (07-22-2002 - NE)

John Ancheff v. Hartford Hospital, et al.

The principal issue in this appeal, taken from the trial court's judgment on a defendants' verdict in this medical malpractice action, is whether the trial court properly excluded from evidence a certain report of a federal commission regarding the protection of human subjects of biomedical and behavioral research.1

The plaintiff, John Ancheff,2 appeals3 from the judgment of the trial co... More...   $0 (07-09-2002 - CT)

Wanda Webster v. Integris Bass Hospital, Own Risk, and the Workers' Compensation Court

Petitioner Wanda Webster seeks review of an order of the Workers' Compensation Court which found that charges for certain medications prescribed by an unauthorized physician were not reimbursable under 85 O.S. Supp.2000 §14(G). Respondent Integris Bass Hospital (Employer) asserts that the trial court's order is correct. Because we find no basis in §14(G) for the denial of reimbursement for prescri... More...   $0 (06-07-2002 - OK)

Michaele Martin v. Stop & Shop Supermarket Companies, Inc.

J. In this premises liability action, the plaintiff, Michele Martin, appeals from the judgment of the trial court rendered in favor of the defendant, Stop & Shop Supermarket Companies, Inc. On appeal, the plaintiff claims that the trial court improperly (1) concluded that she failed to prove that a defect existed and (2) failed to give proper weight to the defendant’s answers to inter... More...   $0 (06-04-2002 - CT)

Dee Hollander and Don Hollander v. Sandoz Pharmaceuticals Corporation

Dee and Don Hollander filed this products liability action in the District Court for Oklahoma County alleging that Parlodel, a drug manufactured by Sandoz Pharmaceuticals Corporation ("Sandoz"), now known as Novartis Pharmaceuticals Corporation, and distributed by HCA Health Services of Oklahoma, Inc., doing business as Presbyterian Hospital ("Presbyterian Hospital"), caused Ms. Hollander to s... More...   $0 (05-10-2002 - OK)

Dee Holland and Don Hollard v. Sandoz Pharmaceuticals Corp., et al.

Dee and Don Hollander filed this products liability action in the District Court for Oklahoma County alleging that Parlodel, a drug manufactured by Sandoz Pharmaceuticals Corporation ("Sandoz"), now known as Novartis Pharmaceuticals Corporation, and distributed by HCA Health Services of Oklahoma, Inc., doing business as Presbyterian Hospital ("Presbyterian Hospital"), caused Ms. Hollander to suffe... More...   $0 (05-10-2002 - OK)

In re Brand Name Prescription Drugs Antitrust Litigation

The plaintiffs in this Sherman Act price-fixing case appeal from the grant of summary judgment to the defendants. The plaintiffs had opted out from a large antitrust litigation, other phases of which are discussed at 123 F.3d 599 (7th Cir. 1997), and 186 F.3d 781 (7th Cir. 1999); despite some overlap with the issues in the other phases, it will simplify analysis to treat this offshoot of... More...   $0 (05-06-2002 - IL)

Jerry C. Roberson and Jean M. Roberson v. Wal-Mart Stores, Inc.

1 Appellants Wal-Mart Stores, Inc. (“Wal-Mart”) and Richard C. Wong (“Wong”)1 appeal from a jury verdict and judgment that Wal- Mart breached an implied contract when it terminated the employment of appellee Jerry Roberson (“Roberson”). We conclude that, as a matter of law, Roberson was an “at-will” employee and that the trial court therefore er... More...   $0 (04-25-2002 - AZ)

Henrietta Flores v. Employees Retirement System of Texas

Ms. Flores worked for almost fifteen years as an aide to social workers, first at the county level and later for the Texas Department of Protective and Regulatory Services (the Department). As an aide, her primary job function was to transport the children who had been removed from their homes by the Department to court hearings, doctors' appointments, and to their homes for visits. She provided t... More...   $0 (04-18-2002 - TX)

Nnameka Nwagologu v. Regents of the University of New Mexico

Plaintiff worked as a staff pharmacist at the University of New Mexico Hospital (UNMH) for eighteen years. He was covered by a collective bargaining agreement between his employer and his union, pursuant to which plaintiff could be fired for 'just cause,' defined to include inefficiency, insubordination, incompetence, misconduct, and negligence. Plaintiff was disciplined on March 12, 1998, for sev... More...   $0 (04-11-2002 - NM)

Bonnie K. Williams v. Sue Walker

A jury awarded appellee, Sue Walker, $2,700 in damages for medical expenses incurred after Walker, a passenger in a pick-up truck, was injured when the truck was struck in the rear by a car driven by appellant, Bonnie K. Williams. On appeal, appellant contends that the trial court erred in allowing appellee to present evidence of $2,934.60 in medical expenses because appellee did not lay an adequa... More...   $2700 (04-10-2002 - AR)

Wivian Tucker v. Wal-Mart Stores, Inc.

Pharmacy negligence claim relating to the death of John Tucker of Godley, Texas who was given Ziac, a high blood-pressure medication, in a prescription bottle labeled for Zaroxoly, a diuretic by a Wal-Mart Pharmacy in De Queen, Arkansas. Mr. Tucker tooke the medicine for two and a half months without discovering the error. The Ziac cause fluid to accumulate in his body and caused severe weight g... More...   $1270000 (03-28-2002 - AR)

Heidi Happel, et al. v. Wal-Mart Stores, Inc., d/b/a Wal-Mart Pharmacy

On August 4, 1993, Heidi called Dr. Lorenc's office complaining of severe menstrual cramps. She sought a more effective pain reliever, and Dr. Lorenc prescribed Toradol. His office telephoned the prescription to the Wal-Mart pharmacy in McHenry, Illinois. Dr. Lorenc had been treating Heidi since December 1992, and he knew of her drug allergies. However, he stated in his deposition that on August 4... More...   $0 (03-21-2002 - IL)

Robert L. Cottam v. CVS Pharmarcy

Pharmacy malpractice claim relating to failure to warn customer who suffered permanent injury when he failed to seek timely medical attention for a side effect he experienced after taking the prescription drug Trazodone. He obtained the drug from CVS Pharmacy. His complaint in the Superior Court alleged that defendant negligently failed to warn him of the side effect and its seriousness. He also... More...   $357000 (03-14-2002 - MA)

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