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Dooley v. Everett

Practice Area: Personal Injury

Outcome: Case settled after appeal to Tn. Ct. Appeals

Description: Brandon Dooley was severely brain injured by a drug-drug interaction. The doctor who prescribed the interacting drugs was sued and the claim against him was settled before trial. The pharmacy which filled the prescriptions was sued. The trial judge dismissed the claim against the pharmacy, saying that the pharmacy did not have the duty to warn the Dooleys of the risk of a drug-drug interaction. The court of appeals reversed, holding, for the first time in the nation, that a jury could find that the standard of care for a pharmacist required a warning about the interaction and the risk of serious injury. The case settled for a confidential amount shortly before the date the case was set for a trial by jury in Lawrenceburg, TN. The case is reported at 805 S.W.2d 380 (Tenn. Ct. App. 1990). I add that the Dooley family remains an inspiration to me. Brandon's parents and his sister have provided him with boundless love for the more than 20 years since he was injured. No family should ever go through what they have gone through, but Brandon's life has been improved and extended because of their love and generosity.

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