4th Cir. Finds Coverage for Pharmacist In Contaminated Drug Cases

RICHMOND, Va. - The 4th Circuit Court of Appeals held May 7 that an insurance exclusion for the "manufacture" of drugs did not apply to allegedly mold-contaminated drugs a pharmacist "compounded" and supplied on order to two medical practices. Pharmacists Mutual Insurance Co. v. Scyster, et al., No. 06-1334 (4th Cir.).

The Circuit Court said in its unpublished opinion that Pharmacists Mutual Insurance Co. must defend pharmacist R. Ken Mason against personal injury and wrongful death claims related to the discovery of wangiella dermatitidis, a fungus linked to spinal meningitis, in injectable doses of the painkiller methylprednisolone.

Pharmacists Mutual …