Dismissal Obtained For Pharmacy In Wrongful Death Case Prior to Service of Complaint
and successfully obtained dismissal of a pharmacy in a wrongful death action filed in Sacramento County Superior Court. The father of the decedent sued the decedent’s pharmacy and medical providers alleging that the Methadone prescribed and dispensed by the defendants had led to the death of his 29-year old daughter. On behalf our pharmacy client, we filed a demurrer to the complaint prior to it even being served, based on the lack of any alleged breach of duty.
Plaintiff’s counsel agreed to dismissal, prior to a hearing on the demurrer, after discovery completed on behalf of the pharmacy revealed that the decedent had a prior history of using Methadone and the cause of death was not related to toxic levels of Methadone (as alleged in the Complaint.)