Las Vegas Injury Blog | Nevada Injury Attorneys

We posted recently regarding the issue of liability for a pharmacy if someone who has been abusing prescriptions ultimately causes harm to others.  The court has made its ruling, and it has decided that pharmacies can not be held liable for these types of damages.  The case has drawn national attention not only because of the legal theory involved but because of the steps that have already been taken by the state to regulate the administering of pharmaceutical medications.

According to the Wall Street Journal:

“The Nevada Supreme Court, in a 5-2 decision Thursday, ruled that pharmacies cannot be held liable when a customer causes a fatal car accident.

The case, Sanchez vs. Wal-Mart Stores et al, asked whether drugstores must use information available to them to protect the public from potentially dangerous customers.

The customer, Patricia Copening, had purchased nearly 4,500 doses of prescription painkillers in one year, attracting the attention of Nevada’s controlled-substance task force. The state board sent letters to 14 pharmacies in the Las Vegas area in 2003 warning that Ms. Copening could be abusing drugs.

A year later, Ms. Copening was driving a Dodge Durango when she hit two delivery men who were standing on the shoulder of a highway, killing one and severely injuring the other. In Ms. Copening’s car, police found prescription bottles and loose pills. Police reports said she appeared confused, and a blood test detected the painkiller hydrocodone. Ms. Copening pleaded guilty to two counts of reckless driving and served nine months in jail.

In a footnote, the court added that a regulation amended by the state pharmacy board in 2006, two years after the accident, could change the relationship of pharmacies to third parties. But the court declined to decide whether that regulation definitely imposed any new duty on pharmacies.”

While this decision is a blow to those harmed by abusers of pharmaceutical drugs, the court left open the possibility of ruling differently in the future.  Regardless, you still have rights if you or someone you love has been harmed by a person who was under the influence of any sort of substance.  Contact the Las Vegas personal injury attorneys who have years of experience in successfully fighting for the rights of the injured.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.