TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, January 13, 2011

A Tortious Day in Western Mass

We subscribe to the Daily Hampshire Gazette, a paper that is not technically daily (since it has no Sunday edition) and that, until a few years ago, was an afternoon paper (confusing me to no end when we moved here).  Also, it's behind a paywall, so there's a lack of links to it.

In any event, it is rarely a big source for Torts news -- but yesterday's paper had two new and interesting suits.

  • First, a mother from Westfield sued Rite Aid over her son's oxycodone intoxication death two years ago.  "Lona St. Martin claims that Rite Aid's pharmacy...filled three separate prescriptions for her son, Scott A. St. Martin, from three different health care providers within a four-day period in early 2007."  Her son was found dead in his apartment a day later.  She contends that the pharmacists ought to have determined whether or not he was overusing the medication.
  • Second, a woman from Easthampton has sued Playtex, Babies "R" Us, and Dr. William Sears for injuries she allegedly suffered from her use of a breast pump.  Her suit states that she used the breast pump in question three times, and that the third time resulted in an injury that made expressing breast milk painful and caused her anxiety about being able to feed her baby.  Dr. Sears (whose books we relied on extensively) evidently collaborated on the design and marketing of the pump.

--BC (who is back on the regular posting rotation)

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That's all I need--the time and money I spend on getting prescriptions filled to go way up because pharmacies get a new duty to protect patients from self-abuse.

Posted by: Ted Frank | Jan 13, 2011 5:33:20 AM

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