Summary Judgment in favor of pharmacy in wrongful death case affirmed by Kansas Court of Appeals
John Schultz obtained summary judgment in favor of a pharmacy which had been sued for the wrongful death of an infant who died of Sudden Infant Death Syndrome after the infant's mother had left her unattended, allegedly due to the mother's reaction to medication which had been obtained from the pharmacy. The mother claimed that the pharmacy filled a prescription of Ativan, a sleep aid, with 2 mg pills rather than the .5 mg pills prescribed by her doctor which left her in an over-sedated, confused and disoriented condition which diminished her ability to respond to her child's needs. The Kansas Court of Appeals affirmed the decision of the Wyandotte County District Court that the pharmacy owed no legal duty to the baby and that the mother did not establish causation. Thomas v. Brewer's Price Chopper Pharmacy Memorandum Opinion No. 100,972.