Texas Court Tosses Wrongful Death Case Against Pharmacy

Law360, New York (January 31, 2018, 8:26 PM EST) -- A Texas state appeals court Tuesday tossed a wrongful death suit alleging a young woman found dead in her bathtub four days after using a compound prescription lotion would have survived had the doctor never prescribed it, finding the lower court erred in accepting unfounded expert witness testimony.

The 14th Court of Appeals found Tuesday that the plaintiffs' experts provided no cause-and-effect evidence to give the case legs, thus reversing the trial court’s denial of dismissal motions filed by the doctor, Michael Kelly II, now deceased, and Diamond Pharmacies and its owners, also named in the wrongful death case filed by...

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