We reverse and remand for further proceedings.
On September 18, 2007, Christine visited Dr. Doe’s office for a pre-colonoscopy consultation. To ensure a clear view of the colon, Dr. Doe required Christine to take a laxative that would empty her colon. Because of her prior experience as a patient, Christine knew certain of these medications were difficult for her to take. Working along with Christine to determine the best colonoscopy preparation, Nurse Doe suggested, and Dr. Doe prescribed, OsmoPrep, a sodium phosphate-based laxative available in pill form instead of as a liquid.
Dr. Doe’s office phoned the prescription to the CVS pharmacy in Danville, where Christine routinely took all of her prescriptions and which had a complete record of all such medications. Among these medications was Lisinopril, an ACE inhibitor Christine used at the time to treat her hypertension. CVS’s monograph for OsmoPrep instructs patients to contact a physician if they will use Lisinopril while also taking OsmoPrep, and in 2008 a U.S. Food and Drug Administration “black box” label was put on OsmoPrep regarding the drug’s potential for causing kidney damage as a result of possible interactions with Lisinopril.
Judge(s): Mark Bailey
Jurisdiction: Indiana Court of Appeals
Related Categories: Torts
|Trial Court Judge(s)|
|Court of Appeals Judge(s)|
|Edward Najam, Jr.|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Matthew Hinkle||Coots Henke & Wheeler PC|
|Elizabeth Van Tassel||Coots Henke & Wheeler PC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Katherine Karres||Schultz & Pogue LLP|
|Peter Pogue||Schultz & Pogue LLP|