Texas Medical Liability Act Applies to Claims Against Compounding Pharmacy, State High Court Rules

AUSTIN, Texas — The Texas Medical Liability Act applies to claims asserted against a compounding pharmacy and its licensed pharmacists and, as such, plaintiffs’ failure to serve an expert report within the time specified by the Act is fatal to their action, the Texas Supreme Court has held.

In an April 24 opinion, the high court concluded that the claims constitute health care liability claims because the pharmacists’ alleged negligence in compounding the drug and their inclusion of inadequate warnings regarding its use proximately caused the injuries.

Whether stated as negligence or breach of warranty, the claims clearly allege …