Fla. Appellate Court Finds Public Policy Basis for Negligence Claims Against Pharmacies

WEST PALM BEACH, Fla. - A Florida appellate court reinstated a claim against a pharmacy on June 1, holding that plaintiffs could, under some circumstances, prevail on a claim that a pharmacy was negligent in filling a prescription for narcotic painkillers. Powers v. Thobani, et al., No. 4D04-2061 (Fla. App. Ct., 4th Dist.).

Gail Powers died in October 2002 from an overdose of Oxycodone and diazepam, drugs she was prescribed for six months for neck and back pain. An autopsy also revealed the presence of other prescribed painkillers, including Atropine, Nordiazepam, Benzodiazepines and opiates.

Robert Powers sued his wife's …