Cases

August Eugene Phillips, et al. v. Larry’s Drive-In Pharmacy, Inc.

Case Number:
33194
Case Date:
13-03-2007
Case Issue:

The circuit court certifies a question asking whether pharmacies are "health care providers" as defined by W.Va. Code § 55-7B-2(c) [1986] of the Medical Professional Liability Act.

CERTIFIED QUESTION PRESENTED
In a civil action filed against a defendant licensed pharmacy for allegedly having negligently dispensed medication, is the pharmacy a "health care provider" as defined by W.Va. Code § 55-7B-2(c)?
Circuit Court's Answer: Yes.