Fla. Appeals Court Reinstates Negligence Claims Against Pharmacy in Overdose Case

ORLANDO, Fla. — A Florida appeals court has reinstated negligence claims against a pharmacy accused of violating its duty of care to a patient by filling prescriptions that were unreasonable on their face, despite the fact that they were lawfully written by a physician.

On Feb. 6, the Florida Court of Appeal, 5th District, concluded that the pharmacy could be held liable for failing to inquire into why the patient’s doctor had been repeatedly prescribing drugs before the preceding prescriptions had been depleted.

In May 2009, Steven Porter, now deceased, began treatment with Dr. Owen R. Hunt, who diagnosed him …