CVS Wins Lawsuit Over Pharmacist’s Decision to Dispense Levaquin

CVS Pharmacy Inc. beat a lawsuit alleging its pharmacist negligently dispensed an antibiotic to a patient who was allergic to it, with the First Circuit affirming Wednesday that the patient didn’t present supporting admissible expert testimony.

Kevin Carrozza’s expert witness—a physician specializing in allergy and immunology who admitted he was unfamiliar with the standard of care applicable to pharmacists in Massachusetts—was properly excluded from testifying, the U.S. Court of Appeals for the First Circuit said.

Absent admissible expert testimony on the standard of care and causation, Carrozza’s negligence claim failed, the court said. It affirmed summary judgment for CVS. ...