Recently, a state appellate court issued an opinion addressing whether pharmacies can be responsible to a third-party when the third-party suffers injuries as a result of the pharmacy’s negligence. The court discussed complex third-party liability issues that may affect Maryland car accident victims.
In this case, the pharmacy technician negligently gave a customer an incorrect prescription. The medication is known to cause sudden drops in blood pressure and subsequent cognitive impairments. These symptoms are particularly severe when the person taking the drug does not suffer from what the drug is designed to treat.
The driver was on the medication when he allegedly caused a fatal car accident. The customer’s son settled a lawsuit with the pharmacy, but the other victims sued the chain. The plaintiffs filed a lawsuit based on third-party liability and negligence per se. The court found that under the specific facts of the case, the pharmacy did not owe the third parties a duty of care and that negligence per se was not applicable.