The Fink Family Scholarship
August 3, 2015
Nevada Federal District Court finds a duty on the part of pharmacies to preserve misfilled prescriptions returned by consumers
The plaintiff in this case was dispensed a mix of Diovan® (valsartan) and lithium carbonate capsules and tablets, which resulted in injuries. The pharmacy defendant admits to the misfilling and its own pharmacists apparently provided information that lithium was included in the bottle to both the plaintiff and his doctors. The present order relates to a discovery dispute in which the plaintiff sought to have the bottle’s contents analyzed, and the pharmacy reported that the bottle and its contents were routinely destroyed after the plaintiff returned the drugs to the pharmacy. The plaintiff seeks sanctions for spoliation.
2015 DPLXXVI Seminar
November 12-15, 2015