This assignment gives you an opportunity to analyze how liability insurance coverage may be affected by the facts of a case.
The following is a case scenario:
Robert Jones is a pharmacist that is employed by ACME Drug, a national retail pharmacy chain. Mr. Jones has been a pharmacist with ACME Drug for almost five years and has had to enter rehabilitation for controlled substance dependency on two differentoccasions. ACME Drug, as well as the State Board of Pharmacy, was aware of each rehab stint. Mr. Jones has recently relapsed. Maria Smith has been suffering from cancer related pain for the last nine months after having been diagnosed with breast cancer. A significant portion of her pain treatment is a medication named Mepergan Fortis, a Schedule II narcotic. This medication justhappens to be Mr. Jones drug of choice for his addiction. The last time Ms. Smith had her prescription for Mepergan Fortis filled,Mr. Jones was the pharmacist on duty. Ms. Smith noticed that the medication was not working as it had in the past, and she washaving a significant amount of pain. She returned to the pharmacy to question if something might be different and visited with adifferent pharmacist. When she showed the pharmacist the medication, it was noticed that the medication actually given to theMs. Smith was Feldene, which looks almost identical to Mepergan Fortis. The pharmacist, wondering how the mistake could have occurred since the stock bottle of Mepergan Fortis remains in a locked drawer, opened the drawer and the stock bottle that should have contained over 60 capsules of Mepergan Fortis and recognized that it had 28 Mepergan Fortis and 32 Feldene.The pharmacist went to the pharmacy manager, knowing that there was a security camera positioned on that portion of thepharmacy, and explained what had been discovered. When the video was reviewed, it was discovered that Mr. Jones hadtransferred the Feldene capsules into the Mepergan Fortis bottle and put the Mepergan Fortis capsules in his pocket.
As regional president of the pharmacy chain, you are asked by your chief operating officer to analyze the claims that Ms. Smith may bring against ACME Drug. At some point, the COO may desire to take your analysis higher, but wants to know at this point what the possible issues are and the rest of the information requested. In your analysis, you should:
- Identify and describe one intentional tort claim that Ms. Smith might be able to bring.
- Identify and describe whether a negligence claim is appropriate (include in your analysis the four elements of negligence).
- Identify and discuss how a product liability claim may be appropriate. Include in your analysis a description of products liability and why it may be applicable in this scenario.
- Discuss the theory of respondeat superior and whether Acme Drug could be held liable for any of the claims. Include in your answer why or why not a claim against Acme Drug would be appropriate.
The COO to whom you are providing this analysis is a very busy person so you should keep your analysis to 500 words or less. Do not include any possible criminal claims in your analysis or actions through regulatory agencies.
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