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4th Circ. Says Mail-Order Pharmacy Must Face Death Suit

Law360 (June 12, 2019, 10:16 PM EDT) -- The Fourth Circuit on Wednesday reinstated a suit accusing a mail-order pharmacy of sending a woman the wrong prescriptions that contributed to her death, saying it should be up to a jury to decide whether the woman’s own alleged negligence was to blame.

In a published decision, a three-judge Fourth Circuit panel unanimously reversed a summary judgment ruling in favor of WellDyne Inc. in a suit accusing the mail-order pharmacy contractor of negligently sending the wrong prescription drugs to North Carolina resident Bertha Small, which purportedly sparked a series of events leading to the elderly woman’s death.

The panel affirmed the...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 4th Circuit

Nature of Suit

4365 Personal Injury-Product Liability

Date Filed

June 6, 2018

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