ILNews

Appeals court reverses summary judgment for pharmacist, CVS

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.

Christine Kolozsvari had a prescription filled for OsmoPrep to prepare her for an upcoming colonoscopy. She had the prescription filled at the CVS where she filled all her other prescriptions, including Lisinopril, an ACE inhibitor that treats hypertension.

When filling the OsmoPrep prescription, pharmacist Kelley Branchfield disregarded a warning on the computer screen that OsmoPrep posed a risk of renal failure because of Kolozsvari’s age. A document provided to pharmacists also says that using OsmoPrep may interact with Lisinopril and cause kidney damage.

When the drug didn’t work as scheduled, Kolozsvari’s doctor called in another prescription for the pill. Again, Branchfield ignored a computer-generate notification, this time that the prescription exceeded the amount considered safe in such a short period of time and could increase risk of renal failure.

After taking the pills both times, Kolozsvari had tingling sensations in her arms that increased after taking the second pill. She went to the hospital and was diagnosed with kidney failure. She now must undergo dialysis for the rest of her life or receive a kidney transplant.

She and her husband sued her doctor, doctor’s nurse, CVS, and Branchfield for negligence and loss of consortium. The trial court granted summary judgment for CVS and the pharmacist.

In Christine and Ivan Kolozsvari v. John Doe, M.D., Jane Doe, R.N., Kelley Branchfield, R.Ph., and Hook SuperX, LLC, No. 32A04-1008-CT-525, the appellate judges only addressed whether Branchfield and CVS were negligent in not warning Kolozsvari about the possible serious side effects. They cited Indiana Code Section 25-26-13-1, which deals with pharmacists and says they must fill all valid prescriptions unless an appropriate exercise of professional judgment indicates that honoring the prescription would be against the patient’s best interests or be contrary to the patient’s health or safety. The judges also referenced Pharmacy Board Rule 1-33-2, which says a pharmacist must initiate an offer to counsel the patient on matters concerning the drug, including side effects or interactions, and Hooks SuperX Inc v. McLaughlin, 642 N.E2d 514, 517 (Ind. 1994).  

“Just as in McLaughlin, where the pharmacist knew that McLaughlin’s refill of his prescriptions was unreasonably rapid and this should have alerted the pharmacist to the substance abuse issues likely associated with this behavior, here, Branchfield had information that gave rise to a duty to exercise professional judgment under the statute,” wrote Judge L. Mark Bailey.

The judges remanded for further proceedings.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT