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Hughes v. Webster

N.C. Ct. App.February 7, 2006No. COA05-551Cited 5 times
RemandedWebster
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Case Details

Judge(s)
Geer, Hunter, McCullough
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal from trial court judgment; reversed and remanded for new trial

Related Laws

No specific laws identified for this ruling.

Outcome

Appellate court reversed and remanded for new trial due to trial court's failure to instruct jury on plaintiff's peculiar susceptibility to drug reaction caused by pharmacist's prescription misfilling, though expert witness exclusion was not abused discretion.

Excerpt

1. Pharmacists — misfilling of prescription — failure to instruct on peculiar susceptibility The trial court erred in a negligence case arising out of defendant pharmacist's misfilling of a prescription by failing to instruct the jury on the peculiar susceptibility of plaintiff, and plaintiff is entitled to a new trial, because: (1) there was evidence at trial that an ordinary person would have been injured in the form of the normal toxicity effect of the pertinent drug such as vomiting, nausea, and slowed heart rate; (2) there was evidence that plaintiff's heart damage and stroke were caused by a hyper-sensitive drug reaction to the pertinent drug; (3) the jury sent a note during deliberations evidencing that the jury was confused by the instructions given by the judge; (4) there were allusions throughout the trial to a hypersensitive drug reaction of plaintiff, yet the jury was in no way instructed on what to do with this evidence; and (5) plaintiff requested a jury instruction on peculiar susceptibility while defendants requested one as well in the languagePage 727 of N.C.P.I. Civ. 102.20, and given the incomplete state of the record, through no fault of appellant, it cannot be said that plaintiff waived his objection and failed to preserve any error for appeal. 2. Witnesses — qualifications — expert testimony The trial court did not abuse its discretion in a negligence case arising out of the misfilling of a prescription by excluding a doctor's opinion on causation, because: (1) the doctor admitted that he was not an expert in the area in which he was testifying and further admitted that he came to have his opinion solely by reading the opinion of another expert in the field; and (2) the exclusion was harmless where the same opinion was elicited from several other experts throughout the trial. 3. Appeal and Error

What This Ruling Means

**Hughes v. Webster: Pharmacy Error Case** This case involved a worker named Hughes who was harmed when a pharmacist at Webster incorrectly filled their prescription with the wrong medication. Hughes suffered injuries from taking the wrong drug and sued the pharmacy for negligence and medical malpractice. The original trial court made an error during the jury trial. When someone has a "peculiar susceptibility" - meaning they are unusually sensitive to certain medications - the jury must be told about this special condition when deciding the case. The trial court failed to give the jury these important instructions, even though there was evidence that Hughes had this special sensitivity to the medication. The appeals court decided the original trial was unfair because of this missing instruction. They reversed the decision and ordered a new trial so a jury could properly consider Hughes's unusual sensitivity to the medication when determining if the pharmacy was at fault. This case matters for workers because it shows that if you have special medical conditions or sensitivities, courts must consider these factors when determining if a healthcare provider was negligent. Your unique medical situation should be part of any legal evaluation of the care you received.

This summary was generated to explain the ruling in plain English and is not legal advice.

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