West v. Farmakeio Superior Compound Pharmacy
3:24-cv-00279
M.D. Tenn.Jul 8, 2025Background
- Madison West, proceeding pro se, filed a products liability action in Tennessee state court against FarmaKeio Superior Compound Pharmacy and three of its officers, alleging injuries from using a compounded weight loss medication (Pyridoxine Hydrochloride/Semaglutide Acetate).
- The case was removed to federal court on diversity grounds by the individual defendants—Dan DeNeui, Dustin DeNeui, and Justin Graves—who are Texas residents and officers of FarmaKeio.
- Plaintiff’s claims are based on the Tennessee Products Liability Act (TPLA), alleging negligent design, manufacture, and distribution of the medication, failure to warn, and that the product was defective or unreasonably dangerous.
- Plaintiff failed to serve FarmaKeio (the corporate entity) properly; only the individual defendants answered and moved for summary judgment.
- The individual defendants moved for summary judgment, arguing they are not proper defendants under the TPLA and that West lacks expert proof of causation. The court found no genuine issue of material fact and recommended dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether individual officers are liable under TPLA | Individuals managed and/or operated the pharmacy, thus liable | Only manufacturers or sellers can be liable, not officers of an entity | Not liable; officers not considered manufacturers/sellers |
| Adequacy of causation evidence | Medication caused gastroparesis; medical records and articles cited | No expert testimony linking medication to injury; causation evidence is speculative | Insufficient; complex injury requires expert testimony |
| Failure to warn and provide discovery | Defendants withheld key discovery documents and failed to warn | Plaintiff didn’t move to compel within deadlines; no evidence of discovery misconduct | No relief; Plaintiff waived argument by missing deadlines |
| Service of process on corporate defendant | FarmaKeio was effectively notified and should be before the court | FarmaKeio was not properly served or made a party under its correct legal name | Dismissed without prejudice for lack of service |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard: genuine dispute of material fact required)
- Celotex Corp. v. Catrett, 477 U.S. 317 (burden of proof in summary judgment)
- Sigler v. Am. Honda Motor Co., 532 F.3d 469 (elements of a TPLA claim; expert testimony often required)
- Thomas v. Aetna Life & Cas. Co., 812 S.W.2d 278 (medical causation must be established by expert testimony in Tennessee)