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Defective Seat Belt/Pharmacy Malpractice
Our client's husband was killed when his vehicle went off the road and struck a tree. He was on three medications at the time from three separate doctors which an Eckerd Store filled without advising him of the contra indications of these drugs. His death was caused by his vehicle’s automatic, 2 point seat belt (shoulder), which he was using without the manual latching lap belt. The impact caused the automatic 2-point seat belt to cut his liver in half.
Our firm brought suit against the auto manufacturer and Eckerd Corporation. Our case against the automobile manufacturer was that an automatic 2-point seat belt with a manual lap belt is a defective seat belt system. Even though our client’s husband hit the tree, he would have lived, but for the poorly designed seat belt system. The manufacturer also failed to put any warnings on the visor or vehicle about the hazard of not wearing the lap belt with the automatic shoulder belt system. Bryan W. Crews & Associates thorough discovery of the manufacturer’s records discovered a multitude of other similar cases. The case against Eckerd Corporation was based upon the fact that this gentleman was on three medications from three separate doctors that the Eckerd Drug Store filled without giving him the warning that was contained in their computer system advising that these drugs were contra indicated or should not be used together.
The entire case was settled for a confidential amount. In an appeal to the Fifth District Court of Appeal in Daytona Beach, after the trial court made an adverse ruling, resulted in new law in Florida stating that the pharmacy has a duty to warn of known contra indications of medicine prescribed by different doctors if they undertake to do so.
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