Quick Rx Drugs, Inc. v. Bryant Roberts
343 Ga. App. 556
| Ga. Ct. App. | 2017Background
- Bryant Roberts, who had preexisting Alzheimer’s and other conditions, was given two prescription bottles at Quick Rx drive-through that were labeled for another patient; Lynn Roberts administered 200 mg Zoloft and 1 mg Xanax to Bryant that night.
- Hours later Bryant was found on the floor with a hip fracture requiring surgery; he suffered further cognitive decline afterward.
- The Robertses sued Quick Rx for professional negligence/malpractice, simple negligence, loss of consortium, and punitive damages.
- Trial court granted summary judgment for Quick Rx on professional malpractice and punitive damages, and ruled the record did not support a claim that the medications and fall caused Alzheimer’s.
- Quick Rx cross-appealed the denial of summary judgment on proximate causation; the Robertses relied on expert testimony (pharmacology and internal medicine) to establish standard of care breach and causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claim sounds in professional malpractice or simple negligence | Roberts: dispensing error violated pharmacist standard of care (failure to offer/ensure counseling and confirm patient identity) — malpractice | Quick Rx: error was clerical/administrative (cashier handed wrong bottle); malpractice requires professional judgment and expert proof | Held: clerk’s act was simple negligence, not malpractice; summary judgment for Quick Rx on malpractice affirmed |
| Whether punitive damages permitted | Roberts: expert testimony that pharmacy failed reconciliation and left patient with wrong prescription shows wanton conduct | Quick Rx: conduct at most negligent | Held: testimony showed only negligence; insufficient to support punitive damages; summary judgment affirmed |
| Whether trial court could decide claim not pleaded (drugs caused Alzheimer’s) on summary judgment | Roberts: complaint alleged Fall accelerated Alzheimer’s; they did not intend to assert medication caused Alzheimer’s | Quick Rx: record lacks support that drugs/fall caused Alzheimer’s | Held: trial court did not abuse discretion in addressing the unpled causation issue; Roberts not prejudiced and may still argue acceleration rather than causation |
| Whether plaintiff presented admissible, sufficient expert causation evidence to create jury issue | Roberts: Dr. Shoag opined Xanax likely contributed to Fall and subsequent deterioration (opined to reasonable medical probability) | Quick Rx: Shoag’s methodology unreliable, failed to rule out other causes, insufficient factual basis | Held: trial court did not abuse discretion; Shoag’s differential and opinions were sufficiently reliable to create jury question on causation |
Key Cases Cited
- Cowart v. Widener, 287 Ga. 622 (2010) (appellate de novo review of summary judgment requirements)
- Hopkinson v. Labovitz, 231 Ga. App. 557 (1998) (malpractice requires expert to establish standard of care)
- Deen v. Stevens, 287 Ga. 597 (2010) (administrative/clerical acts sound in simple negligence, not malpractice)
- Chamblin v. K-Mart Corp., 272 Ga. App. 240 (2005) (summary judgment for pharmacy where record lacked evidence offer to counsel was not made)
- Zwiren v. Thompson, 276 Ga. 498 (2003) (causation standard: more likely than not; expert must meet reasonable medical probability)
- Dubois v. Brantley, 297 Ga. 575 (2015) (trial court gatekeeper role under OCGA § 24-7-702 for expert testimony)