 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Morgan v. Wal-Mart Stores8/10/2000
Motion for rehearing of petition for review denied September 20, 2001.
JACQUELYN MORGAN AND CHARLES PETTUS, INDIVIDUALLY AND AS HEIRS TO THE ESTATE OF CAMERON PETTUS/WAL-MART STORES, INC. D/B/A WAL-MART, APPELLANTS
v.
WAL-MART STORES, INC. D/B/A WAL-MART/JACQUELYN MORGAN AND CHARLES PETTUS, INDIVIDUALLY AND AS HEIRS TO THE ESTATE OF CAMERON PETTUS, APPELLEES
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. 95-07922, HONORABLE F. SCOTT MCCOWN, JUDGE PRESIDING
Before Justices Jones, Yeakel and Patterson
The opinion of the court was delivered by: Jan P. Patterson, Justice
As amended September 14, 2000
The issue presented is whether pharmacists have a duty under Texas law to warn of potentially adverse reactions to prescription drugs. Jacquelyn Morgan and Charles Pettus ("plaintiffs") sued Wal-Mart Stores, Inc. individually and as heirs to the estate of their minor child, Cameron Pettus. Plaintiffs alleged that Cameron's death in August 1993 was caused by an adverse reaction to Desipramine, a prescription drug sold to Morgan for Cameron's use by a Wal-Mart pharmacist. A jury found that Wal-Mart's negligent failure to warn of the known dangers of Desipramine was a proximate cause of Cameron's death, and the trial court assessed actual damages of $1,012,000, together with pre- and post-judgment interest. We reverse the judgment of the trial court and render a take-nothing judgment in favor of Wal-Mart.
FACTUAL BACKGROUND
Jacquelyn Morgan gave birth to Cameron Pettus on January 31, 1979. After her divorce from Cameron's father Charles in 1985, Morgan was awarded managing conservatorship of Cameron and his older sister Regina. In 1989, Cameron began sixth grade at Cornerstone Christian School in Leander. Morgan, who taught both fifth and sixth grade at Cornerstone, was his teacher. Morgan testified that through various school-related seminars and workshops, she had become aware of and interested in Attention Deficit Hyperactivity Disorder ("ADHD"). As Cameron's teacher, she began to notice that he exhibited what she perceived as behavior consistent with ADHD, such as hyperactivity, difficulty completing assigned tasks, and difficulty remaining quiet. Seeking a professional's opinion, Morgan took Cameron to Neil King, a psychologist who had previously evaluated other students at Cornerstone for ADHD.
King told Morgan that the information she provided him about Cameron's behavior indicated that Cameron had ADHD, and he asked whether she would like to try a course of medication. Morgan agreed. King also asked Morgan if Cameron experienced mood swings. Based on her affirmative answer, King recommended Desipramine, which he described as an antidepressant effective in controlling mood swings in children. King suggested Morgan make an appointment with Dr. Lorraine Schroeder to obtain a prescription for Desipramine.
Morgan met with Dr. Schroeder on April 26, 1991. In her deposition, Schroeder testified that she and Morgan discussed several medications, including Ritalin, Dexedrine, Cylert, and Desipramine. Schroeder testified that Morgan stated her brother was taking Desipramine for adult ADHD, and Schroeder told Morgan her son was taking Imipramine, which is chemically similar to Desipramine. Schroeder further testified that she showed Morgan an entry for tricyclic antidepressants in the Physician's Desk Reference. The entry described common side effects associated with the group of antidepressants, such as dry eyes and mouth and increased pulse rate. Schroeder
Page 1 2 3 4 5 6 7 8 9 10 11 12 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|