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Pharmacy Law
 
The Estate of Kamerlyn L. Kunder v. Illinois Valley Community Hospital

¶ 1 Plaintiffs, Dustin Kundert and Krista Grady, brought this medical malpractice suit on behalf of their deceased child, Kameryn Kundert, and his estate against defendant, Illinois Valley Community Hospital (Illinois Valley). The circuit court of La Salle County dismissed the action pursuant to section 2-615 of the Illinois Code of Civil Procedure (the Code). 735 ILCS 5/2-615 (West 2008). Plaint... More...   $0 (01-10-2012 - IL)

Quality Infusion Care, Inc. v. Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas

Quality Infusion Care, Inc. seeks reversal of the trial court’s summary judgment in favor of appellees Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas, Howard King, and Hill & Finkel, L.L.P. in Quality’s suit against them for tortious interference with contract, negligence per se, and business disparagement. In two issues, Quality contends that (1) there is no eviden... More...   $0 (12-29-2011 - TX)

Lillie Perry v. Rick Bradley and Brookshire Grocery Company

Lillie Perry appeals the trial court’s orders dismissing her health-care liability claim against Rick Bradley, a pharmacist, and Brookshire Grocery Company, Bradley’s employer, which Perry sued under respondeat superior. Perry sued Bradley and Brookshire for negligently misfilling her prescription. She timely served two expert reports. One report was by Michael A. Horseman, a pharmacist, and i... More...   $0 (12-22-2011 - TX)

Edward J. Hanssen v. Genesis Health System

Edward and Connie Hanssen contend the district court was wrong in finding they waited too long to file their medical malpractice lawsuit against Genesis Health Systems (Genesis or the hospital). The Hanssens ask us to reverse the grant of summary judgment, urging that a genuine issue of material fact exists regarding both the date they knew about Edward’s injury and its cause, as well as whether... More...   $0 (12-21-2011 - IA)

Susan Bizier v. Town of Turner

[¶1] Susan Bizier and Philip Bizier appeal from the Superior Court’s (Androscoggin County, Clifford, J.) affirmance pursuant to M.R. Civ. P. 80B (2011) of the Town of Turner Planning Board’s decision to grant Hannaford Bros. Co.’s application for a site plan review permit to construct a grocery store and drive-through pharmacy. The Biziers argue the Board erred in concluding that Hannaford... More...   $0 (11-22-2011 - ME)

Dorothy King v. Virginia Betts

The Tennessee Department of Mental Health operates five regional mental health institutes in Tennessee. The Middle Tennessee Mental Health Institute (“MTMHI”) is a facility in Nashville with the capacity to serve 245 patients. All of MTMHI’s patients are involuntarily admitted, which means they have been found to “pose[ ] an immediate substantial likelihood of serious harm . . . because of... More...   $0 (11-18-2011 - TX)

Gilberto Hernandez v. Schering Corporation

¶ 1 The plaintiffs, Gilberto Hernandez and his wife, Ruth Elizondo, filed a complaint against
the defendants, Schering Corporation, Schering-Plough Corporation (collectively Schering) and
Victoria McGill, R.N., (hereinafter Nurse McGill)1 seeking damages for bodily injuries
stemming from Mr. Hernandez's use of PEG-Intron, a drug manufactured and sold by Schering.
The circuit court... More...
   $0 (11-09-2011 - IL)

City of Laredo v. Gilbert Buenrostro

Appellee Gilbert Buenrostro was employed by The City of Laredo for fifteen years as a police officer in the Laredo Police Department. The City terminated appellee’s employment, and following an administrative hearing before the Firefighters’ and Police Officers’ Civil Service Commission (the “Commission”), the Commission upheld the City’s decision. Appellee appealed to the district cou... More...   $0 (10-26-2011 - TX)

McKesson Medication Management, LLC v. Amanda Slavin

McKesson Medical Management, LLC (“McKesson”) appeals from a final judgment in favor of Amanda Slavin on a theory of negligence, claiming that the trial court erred in denying its motion for a directed verdict. Because we agree that Slavin’s claim against McKesson failed as a matter of law, we reverse. We also find no merit in Slavin’s cross-appeal.1

McKesson provided pharmacy servi... More...
   $0 (10-14-2011 - FL)

John Doe v. Buccini Pollin Group, Inc. d/b/a PM Hospitality Strategies, Inc.

This appeal presents the question of whether an injury suffered by appellant at the hands of a third party was “directed against [him] in the course of” his employment. John Doe, appellant, appeals from the decision of the Circuit Court for Baltimore City that reversed an award of benefits made by the Workers’ Compensation Commission. In this workers’ compensation case, appellant raises tw... More...   $0 (10-03-2011 - MD)

Gilberto Hernandez v. Schering Corporation

¶ 1 The plaintiffs, Gilberto Hernandez and his wife, Ruth Elizondo, filed a complaint against
the defendants, Schering Corporation, Schering-Plough Corporation (collectively Schering) and
Victoria McGill, R.N., (hereinafter Nurse McGill)1 seeking damages for bodily injuries
stemming from Mr. Hernandez's use of PEG-Intron, a drug manufactured and sold by Schering.
The circuit court... More...
   $0 (09-30-2011 - IL)

Derrick McCants v. Wackenhut Corporation

Derrick McCants, individually and as representative of the Estate of Shannon McCants sued Wackenhut Corporationon a negligence theory seeking compensation for the wrongful death of Shannon on November 20, 2006 at a Jacksonville, Florida hospital. Shannon Cants, a supervising pharmacist at Shands Medical Center in Jacksonville, was killed by Brenda Coney. Wackenhut was responsible for security at... More...   $0 (09-29-2011 - FL)

Johnie S. Adams v. CVS Pharmacy, Inc.

Johnie S. Adams sued CVS Pharmacy, Inc., Hiland Dairy Company, Hiland Dairy Foods Company, LLC and Prarie Farms Dairy on premises liability theories claiming he was a business invitee at a CVS Pharmacy store in Oklahoma City on June 18, 2008 and he slipped and fell as a result of water than had accumulated in front of a freezer in the store and was injured.

Defendants generally denied all o... More...
   $1 (09-07-2011 - OK)

Derrick M. Myers v. Kathy Keegan

This interlocutory appeal concerns the adequacy of an expert report under standards that apply to health care liability claims. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(10) (West 2008); § 74.351 (West 2011). Dr. Derrick Myers requested that the trial court dismiss the health care liability claim filed against him by Kathy Keegan, individually and as independent executrix of the estate of... More...   $0 (08-31-2011 - TX)

State of OKlahoma v. Julia Isadora Davis

¶1 Appellees, Julia Isadora Davis, James Robert Lemmons and Curtis Dwayne Pradia, were each charged in the District Court of Payne County, with the misdemeanor crime of Purchasing in Excess of Nine Grams of Pseudoephedrine Within a Thirty Day Period in Case Nos. CM-2010-333, CM-2009-1789 and CM-2009-1795, respectively. Pradia and Davis filed Demurrers to the Information and Motions to Dismiss. Le... More...   $0 (08-30-2011 - OK)

State of Oklahoma v. Julia Isadora Davis

¶1 Appellees, Julia Isadora Davis, James Robert Lemmons and Curtis Dwayne Pradia, were each charged in the District Court of Payne County, with the misdemeanor crime of Purchasing in Excess of Nine Grams of Pseudoephedrine Within a Thirty Day Period in Case Nos. CM-2010-333, CM-2009-1789 and CM-2009-1795, respectively. Pradia and Davis filed Demurrers to the Information and Motions to Dismiss. Le... More...   $0 (08-30-2011 - OK)

Paula Dupont v. Fred's Stores of Tennessee

Paula Dupont was shopping at a Fred’s Stores of Tennessee, Inc., when plastic bins fell from a display shelf and struck her on the head. Paula and her husband, James (collectively, Duponts), filed a negligence action seeking damages related to her injuries. The case proceeded to trial and a jury returned a verdict in Fred’s Stores’ favor. The district court1 dismissed the Duponts’ complain... More...   $0 (08-30-2011 - AR)

United States of America v. Google, Inc.

Online search engine Google Inc. has agreed to forfeit $500 million for allowing online Canadian pharmacies to place advertisements through its AdWords program targeting consumers in the United States, resulting in the unlawful importation of controlled and non-controlled prescription drugs into the United States, announced Deputy Attorney General James M. Cole; Peter F. Neronha, U.S. Attorney for... More...   $500000000 (08-25-2011 - RI)

Vincent D. Cooper v. Shannon Cooper

These consolidated appeals all arise from a petition for support unconnected with dissolution filed by Shannon Cooper (the Wife) against Vincent D. Cooper (the Husband). In case number 2D10-1102, the Husband appealed the trial court's order adopting the magistrate's report and recommendations concerning alimony, child support, and attorney's fees. In case number 2D10-2903, the Wife appealed the tr... More...   $0 (08-19-2011 - FL)

Pedro Regalado v. Walgreens Company d/b/a Walgreens Drug Stores

Pedro Gegalado sued Walgreens on a professional negligence (pharmacy malpractice) theory claiming that on August 21, 2009 Plaintiff filled his prescriptions at Walgreens' store #6477 in Norman for the drgu Lisinopril but was given the drug Keppra which caused temporary and permanent injury to Plaintiff.

Walgreens admitted that it filled a prescription for Plaintiff but denied that it gav... More...
   $1 (08-18-2011 - OK)

Michele Walker v. Educational Credit Management

The Educational Credit Management Corporation (ECMC) appeals from the judgment of the bankruptcy court, later affirmed by the Bankruptcy Appellate Panel (BAP), which discharged the student loan debt of Michele D. Walker (Walker) under the “undue hardship” provision of 11 U.S.C. § 523(a)(8). We affirm.

I.

We summarize the relevant facts as outlined in Walker v. Education Credit M... More...
   $0 (08-18-2011 - MO)

Charles Seber and Barbara Seber v. Union Pacific Railroad Company

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o... More...
   $0 (08-16-2011 - TX)

State of Oklahoma v. James Cabeza Debaca, Jr.

The State of Oklahoma charged James Cabeza Debaca, Jr. with cultivation of marijuana in violation of 63 O.S. 2-509 and unlawful possession of drug paraphernalia in violation of 63 O.S. 2-405.

Title 63 O.S. Section 2-509 provides:

A. All species of plants from which controlled dangerous substances in Schedules I and II may be derived are hereby declared inimical to health and welf... More...
   $0 (08-15-2011 - OK)

Planned Parenthood Arizona, Inc. v. American Association of Pro-Life Obstetricians & Gynecologists

¶1 This case requires us to decide whether four statutory provisions that regulate the performance of abortions violate the equal protection or privacy clauses of the Arizona Constitution. The trial court granted Planned Parenthood of Arizona (“PPAZ”) a preliminary injunction barring the enforcement of portions of A.R.S. §§ 36-2152 through -2155. We hold that the statutes at issue would wit... More...   $0 (08-11-2011 - AZ)

Denis Dallaire v. VEn C. Hsu

The plaintiff, Denis Dallaire, as administrator of the estate of the decedent, Sandra Dallaire, brought this medical malpractice action, alleging that the defendant, Ven C. Hsu, negligently prescribed lethal amounts of opiate medications, resulting in her death.1 The trial court rendered judgment in favor of the defendant. On appeal, the plaintiff argues that the court improperly (1) found that th... More...   $0 (08-03-2011 - CT)

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